What looks like an example of a state going its own way in fact requires the justices of America’s Supreme Court to weigh in on a clause whose origins go back to a debate about how states might fund lighthouses in the 18th century
Save time by listening to our audio articles as you multitaskOn October 11th, the Supreme Court considered whether the California law unfairly burdens the rest of America and imposes “significant market dislocation and price impacts” beyond its borders. Proposition 12 requires more humane standards for confining veal calves, egg-laying hens and breeding pigs—the subject of. Sows are typically held in tight quarters.
Liberal and conservative justices alike probed the reach of Mr Bishop’s position. New York bans the import of firewood that has not been treated with a pesticide, Justice Elena Kagan noted. Is that all right? Could California require inhumanely raised pork to be labelled as such, Justice Ketanji Brown Jackson asked, even if it cannot ban its sale? Justice Amy Coney Barrett brought up emissions standards.
The reply set the stage for a series of tough questions for Michael Mongan, California’s lawyer. Justice Alito noted the spectre of states banning the import of almonds grown using irrigation . Justice Kagan worried that battling out “policy disputes” via interstate regulation would further polarise America.
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