Trending
Anyone who has taken even the most rudimentary of civics classes knows one state cannot impose a law upon the citizens of another state; and that federal law outweighs state law in cases where the two are in conflict.
California isn't worried about such things, it seems. And, though their hearts may be in the right place, state officials now have a fight on their hands, as they've violated the U.S. Constitution's Commerce Clause.
Ohio's Buckeye Institute has filed an amicus brief to the U.S. Supreme Court in the case filed by the National Pork Producers Council, against California's Proposition 12 -- the Farm Animal Confinement Proposition.
California Prop 12 mandates space requirements for certain livestock and bans the sale of eggs, pork and veal in California if product confinement standards don't comply with those requirements, according to a report by The Center Square.
The Buckeye Institute's brief says more than 99% of the pork consumed in California comes from farms in other states, including Ohio.
"Ohio has comprehensive livestock care standards, which were adopted after careful consideration by the state's policymakers and 7 voters," the brief says. "The decisions of those policymakers and voters should not be superseded -- whether in form or function -- by the decisions of another state."
Again, one can understand why California voters wanted to institute rules that mandated more space for livestock.
But their ability to enforce those rules ends at their borders.
"Not only does California's Prop 12 violate the U.S. Constitution, but it also undermines the unique American principle of federalism," wrote Robert Alt, president and CEO of The Buckeye Institute.
The Center Square reports Smithfield Foods Inc. has announced it is closing its Vernon, Calif., facility and reducing hog production in the western U.S. because of the "escalating cost of doing business in California."
So, while those in the agriculture industry should always be re-examining livestock care standards, it seems California might have bitten off more than it could chew, as it put the passage and enforcement of Prop 12 ahead of its own employers and the U.S. Constitution.
It is a shame it will take a ruling by the U.S. Supreme Court to make them see the error of their ways.