National Pork Producers Council vs. Ross et al.

Court: U.S. Supreme Court

Date: June 17, 2022

Issue on Appeal: Whether California’s Proposition 12 violates the Dormant Commerce Clause by imposing burdens on interstate commerce and regulating conduct occurring wholly outside the state.

RLC’s Position: The RLC argues that California’s Proposition 12 impermissibly disrupts interstate commerce by forcing out-of-state producers to comply with California-specific production standards. The brief emphasizes that modern retail supply chains are highly interconnected across multiple states, and allowing one state to impose its regulatory preferences nationwide would create significant compliance burdens, increase costs, and undermine the efficiency of national supply chains. The RLC further contends that such laws threaten state sovereignty by allowing one state to dictate economic activity in others and risk triggering a patchwork of conflicting regulations across the country.

Other Amici: Restaurant Law Center; Food Industry Association; National Retail Federation; Affordable Food for All.

Counsel: Beth S. Brinkmann, Alexander L. Schultz, and Matthew C. Quallen, Covington & Burling LLP; Deborah White, Retail Litigation Center; Angelo Amador, Restaurant Law Center; Stephanie Harris, Food Industry Association.