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Pork, the Dormant Commerce Clause, and Legislating Morality

Pork, the Dormant Commerce Clause, and Legislating Morality

Recapping the Supreme Court’s oral arguments in National Pork Producers v. Ross

We the People

October 21, 202244m 10s

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Show Notes

Last week, the Supreme Court heard oral arguments in National Pork Producers v. Ross. The case is about a 2018 California ballot initiative, in which voters decided that the state should prohibit the in-state sale of pork from animals confined in a manner inconsistent with California standards. Opponents of the amendment argue that it violates dormant Commerce Clause jurisprudence. Today on We the PeopleErwin Chemerinsky, dean of Berkeley Law, and Michael McConnell of Stanford Law join host Jeffrey Rosen discuss whether the Interstate Commerce Clause restricts states from regulating in-state conduct that has a substantial impact on mostly out-of-state producers.

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