Justice Kagan raises alarms over 'divided country' in pork industry challenge to California law
Attorneys for pork industry groups alleged a 2018 ballot measure approved by Golden State voters, which gained 63% support, violates a provision known as the dormant commerce clause, a court-crafted doctrine that holds the U.S. Constitution limits the power of states to regulate commerce outside their borders without direct congressional approval.
Neither liberal nor conservative justices appeared to be divided along ideological lines in the oral arguments over National Pork Producers Council v. Ross on Tuesday. Kagan, one of three Democratic-appointed justices on the high court, was similarly cautious as her counterparts with questions about how a ruling in favor of either side could affect the fragile relationship between states.
"As I read California's law, it's about products being sold in California," conservative Justice Clarence Thomas noted."Unlike some of the cases you cite, it's not reaching out and regulating something across state lines."
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