NFIB Files Amicus Brief at Supreme Court Challenging California Regulation With Nationwide Impact

Date: June 21, 2022

The case questions the constitutionality of California’s Proposition 12 regulation

WASHINGTON, D.C. (June 21, 2022)NFIB filed an amicus brief at the U.S. Supreme Court in the case National Pork Producers Council v. Karen Ross. NFIB’s brief argues that California’s Proposition 12 imposes onerous regulations on pork producers nationwide and violates the Commerce Clause of the Constitution.

“California’s Proposition 12 is a threat to small businesses not only in California but nationwide,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “If the Court upholds Proposition 12, it will rubber-stamp the imposition of certain California regulations on every state in the nation to the economic detriment of millions of small businesses just trying to keep their head above water. NFIB urges the U.S. Supreme Court to reverse the Ninth Circuit’s decision.”

The case concerns the constitutionality of California’s Proposition 12, which regulates the conduct of pork farmers, processors, wholesalers, and retailers nationwide. NFIB’s brief argues that allowing states to impose their own policy preferences on these industries nationwide will fracture national markets into regional and local affairs, which is a great concern to small businesses.

NFIB filed the brief with the National Association of Manufacturers and the National Cattlemen’s Beef Association.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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