Tuesday, January 4, 2022
On Friday, the Supreme Court will consider cases to hear in the coming term, among them National Pork Producers Council v. Ross. Arising out of the Ninth Circuit, Ross asks a question central to our constitutional system: Leveraging its immense market power, may a single state (California) usurp Congress’s authority over interstate commerce by enacting a regulation that forces the restructuring of an entire U.S. industry, in this case the national pork products industry?
That darn dormant commerce clause. Always putting people to sleep.