In the December 23rd edition, CHICK-NEWS reported on an appeal by the North American Meat Institute claiming that California Proposition #12 enacted in 2018 was unconstitutional. The North American Meat Institute petitioned for a rehearing en banc supported by an amicus brief from the Department of Justice and twenty states.
The Ninth Circuit unanimously rejected the request by the Institute to rehear its claims. The decision of the Ninth Circuit supports the decision of a lower court that Proposition #12 is constitutional ending the quixotic attempt to overturn the ballot initiative. Lawsuits questioning the constitutionality of Proposition #2, enacted in 2008 were all rejected by Federal courts.
Again, it is emphasized that the egg-production industry adapted to both Proposition #2 and the subsequent Proposition #12 by transitioning from cage housing to alternative systems including aviaries and barns to supply California and other states with similar legislation.