Opinion: The courtroom is no place to challenge California’s Prevention of Cruelty to Farm Animals Act
Just last month, the Supreme Court heard oral arguments in National Pork Producers Council v. Ross, a legal challenge to California’s Prevention of Cruelty to Farm Animals Act . Though perhaps unsound as a matter of policy, the PCRA is perfectly constitutional. The court should uphold the act as a lawful exercise of state power.
Hailed by some as “historic legislation that affords animals in agriculture additional welfare measures,” the Act is not without criticism. Robert Alt, president and CEO of the Buckeye Institute, lambasts Proposition 12 as a power-hungry attempt by Golden State bureaucrats “to regulate pig farming nationwide,” one which inflicts unnecessary compliance costs and ultimately imperils interstate commerce. Mr.
The clarity of text and history notwithstanding, the Supreme Court has read into the Commerce Clause a negative implication, concocting a doctrine known as the “dormant Commerce Clause.” The theory goes that because Congress possesses the exclusive power to regulate interstate commerce, the States may not unduly burden such commerce, even incidentally.
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