Prop 12 enforcement will wait in California for Supreme Court ruling

A California state judge has extended his ban on enforcement of voter-approved Proposition 12 until July 1, to allow time for the Supreme Court to rule on the constitutionality of the animal welfare law. Justices heard arguments on the farm-group challenge of Prop 12 in October and a decision is expected by the end of June.

The Sacramento County Superior Court injunction was to expire on Feb. 28. “The court finds it reasonable to extend the existing injunction to July 1, 2023, so as to allow adequate time for the adjudication of the federal constitutional issues relating to Proposition 12 that are pending before the U.S. Supreme Court,” said Judge James Arguelles in an order issued last week. Arguelles enjoined enforcement of Prop 12 in January because the state was years late in writing regulations to implement it.

Approved in a statewide referendum in 2018, Prop 12 requires hog farmers to provide at least 24 square feet of floor space for breeding sows — far more room than is common — and it bars the sale of pork produced on farms that do not meet California’s standards. The pork industry prefers so-called sow crates that greatly restrict movement by sows and argues that Prop 12 violates the dormant Commerce Clause by setting unfair barriers to interstate trade.

Massachusetts officials said in August they would wait for the Supreme Court ruling on Prop 12 before implementing Question 3, approved by voters in 2016, that set similar rules for hogs and pork sales in the Bay State.

The case is California Hispanic Chambers of Commerce vs Ross, #34-2021-80003765