The Ninth Circuit Court of Appeals has dismissed claims that California Proposition #12 enacted in 2018 was unconstitutional on the grounds that it violated the Commerce Clause by creating barriers to interstate commerce.
NAMI has now petitioned for a rehearing en banc (by the entire court). The U.S. Department of Justice has filed an amicus brief together with 20 states supporting the petition.
California Proposition #12 incorporates similar provisions regarding compliance with welfare standards that were the basis of the 2008 Proposition #2. Over succeeding years, courts rejected successive challenges to Proposition #2. It is highly probable that a similar fate will befall litigation opposing the proposition. With respect to the red meat portion of California Proposition #12, the major provisions relate to housing of veal calves and gestation crates for sows. Most of the major hog packers and integrators have transitioned to group housing of sows so this aspect is essentially moot.
The egg-production industry has adapted to both Proposition #2 and Proposition #12 by transitioning from cage housing to alternative systems including aviaries and barns, adequate to supplement in-state production in California.