The ‘Horizontal Separation of Powers’ after National Pork Producers Council v. Ross

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The Supreme Court’s decision in National Pork Producers Council v. Ross (NPPC) held that California’s Proposition 12—which forbids the sale of whole pork meat in the state from pigs born of sows confined “in a cruel manner”—does not violate the dormant Commerce Clause. Specifically, the Court held that California’s law neither regulates “extraterritorially” (even though more than 99% of the pork sold in California is produced in other states) nor imposes an “undue burden” on interstate commerce. Bradley Joondeph discusses why the decision established some important points.

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