U.S. Supreme Court hears oral arguments in case over a California animal welfare law
At most commercial farms, pregnant sows are kept in 'gestation crates' that measure 2 feet by 7 feet – enough room for the animals to sit, stand and lie down, but not enough to turn around.
DAVID FAVRE: Should Californians be able to require higher welfare standards for farm animals that are raised in other states if products from those animals are to be sold in California? The U.S. Supreme Court will confront that question when it hears oral argument in National Pork Producers Council v. Ross on Oct. 11, 2022.
Pork producers are challenging a law that California voters adopted in 2018 via ballot initiative with over 63% approval. It set new conditions for raising hogs, veal calves and egg-laying chickens, whose meat or eggs are sold in California. The state represents about 15% of the U.S. pork market.
At most commercial hog farms, pregnant sows are kept in “gestation crates” that measure 2 feet by 7 feet – enough room for the animals to sit, stand and lie down, but not enough to turn around. California’s law requires that each sow must have at least 24 square feet of floor space – nearly double the amount that most now get. It does not require farmers to raise free-range pigs, just to provide more square feet when they keep hogs in buildings…
Nine other states have already adopted laws requiring pork producers to phase out gestation crates. Massachusetts’s law would also apply to retail sales of pork raised elsewhere, like California’s, but its enforcement is on hold pending the Supreme Court’s ruling in the California case…
The National Pork Producers Council argues that this requirement imposes heavy compliance costs on farmers across the U.S., since large hog farms may house thousands of sows and that it restricts interstate commerce… Put another way, is Californians’ social interest in better welfare for pigs substantially outweighed by the economic cost to producers?
In a 2010 ruling, United States v. Stevens, the court acknowledged that “the prohibition of animal cruelty itself has a long history in American law, starting with the early settlement of the Colonies.” However, the court concluded that depictions of animal cruelty – the plaintiff had been convicted for producing and distributing dogfighting videos – qualified as protected speech under the First Amendment and that this protection outweighed society’s interest in promoting animal welfare…
Farmers and animal welfare advocates understand that if California wins, states with the most progressive animal welfare policies – primarily West Coast and Northeast states – will be able to effectively set national standards for the well-being of many agricultural animals, including chickens, dairy and cattle…
While the federal government is mute on farm animal welfare, each state clearly has the power to regulate this issue within its borders. For example, in recent years, nine states have outlawed housing egg-laying chickens in “battery cages” that have been the industry standard for decades. These wire enclosures are so small that the birds cannot spread their wings…
The main federal law that regulates living conditions for animals is the Animal Welfare Act, which was signed into law in 1966. Among other things, it requires the Department of Agriculture to adopt humane regulations for the keeping of animals that are exhibited in zoos and circuses or sold as pets. However, farm animals are explicitly exempted from the definition of “animal”. SOURCE…
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