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The justices agreed to hear a lawsuit by the National Pork Producers Council and the National Farm Bureau Federation, with support from 20 Republican-led states. They want the court to overturn Proposition 12, a 2018 initiative approved by over 62% of California voters.
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The measure, which remains partly on hold, established minimum standards for cages that hold breeding pigs, egg-laying hens and veal calves. It also banned the sale in California of meat from animals held in cages that violated those standards. Proponents said that cage sizes were often inhumane and facilitated the spread of disease.
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Because few pigs are bred for food in California, which consumes 13% of the nation’s pork, “the massive costs of complying with Proposition 12 fall almost exclusively on out-of-state farmers,” lawyers for farming groups said. A state violates the constitutional ban on excessive interference with interstate commerce, the farm groups argued, when its law “has dramatic economic effects largely outside of the state."