Although mostly about pigs, the California case that had oral arguments before the U.S. Supreme Court on Tuesday could result in a ruling as far-reaching as those striking down federal abortion protections and expanding gun rights.
At issue is Proposition 12, the ballot measure California voters approved in 2018 that requires larger cages for some farm animals, including breeding pigs, veal calves and egg-laying chickens. Pork producers sued, arguing that since 99% of the pork consumed in the Golden State comes from outside its borders, California was essentially imposing its laws on other states in violation of the US Constitution.
- Joining pork producers in opposing the California law: The Biden administration, which argued in court filings that it would throw “a giant wrench into the operation of the interstate pork market.”
Both conservative and liberal justices on the nation’s highest court sounded skeptical of the California law Tuesday, even as they expressed concerns about the consequences of striking it down. The decision is expected next summer.
- Judge Amy Coney Barrett wondered about the ripple effects of law enforcement: “Can you get California to pass a law that says we won’t buy pork from companies that don’t require all their employees to be vaccinated, or from corporations that don’t fund gender-affirmation surgery?”
- Judge Brett Kavanaugh asked: “What about a law that says you can’t sell fruit in our state if it’s produced – handled by people who aren’t in the country legally? Is this state law allowed?”
- But Barrett also wondered what might happen if the court strikes down the law: Could that decision “call into question many laws that are quite common?”
- Justice Elena Kagan gave the example of a New York law requiring imported firewood to be sprayed with a certain pesticide before entering the state. “Would that be forbidden?” Kagan asked. “We live in a divided country and the balkanization that the framers (of the Constitution) were worried about is certainly present today.”
The line of questioning reflects the growing ideological divide between states, which seem increasingly intent on regulating — and responding to — actions in other parts of the country as culture wars intensify over issues such as abortion, LGBTQ rights and arms control.
For example, Gov. Gavin Newsom recently signed a law to protect from out-of-state prosecution young transgender people who travel to California for what supporters call gender-affirmation care. He also signed a bill — modeled after a Texas law that allows private citizens to sue anyone who “aids or induces” an abortion after about six weeks of pregnancy — to allow private Californians to sue anyone who manufactures, distributes or sells some illegal firearms.
And he signed a package of reproductive justice bills to help, among other things, pay for low-income women from other states to travel to California for an abortion and stop the Golden State from cooperating with law enforcement. in states where the procedure is criminalized.
“In state after state, basic liberties are disappearing,” Newsom said in an ad released Monday in support of Prop. 1, which would preserve the right to abortion and contraception in the California constitution. “But this November, we say, ‘Not here.'”
The pork ballot measure isn’t the only California proposal in the headlines:
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Other stories you should know
1
LA City Council scandal goes national
President Joe Biden, who will arrive in Los Angeles today for a three-day trip to Southern California, took the highly unusual step Tuesday of weighing in on the racism and redistricting scandal rocking the Los Angeles City Council, just the latest that has entered the trap. City of Angels: “The president is pleased to see that one of the participants in that conversation has resigned, but everyone should.” said Karine Jean-Pierre, White House press secretary. She added: “When a Democrat says something racist or anti-Semitic, we hold Democrats accountable. When a MAGA Republican says something racist or anti-Semitic, they are embraced by cheering crowds.”
- Biden’s decision to enter Los Angeles politics made it even clearer that Newsom is among the few high-ranking Democrats who has not called on officials to resign. The governor’s press office did not respond to a request for comment Tuesday evening.
- Of the four officials involved in the secretly recorded 2021 conversation — in which they can be heard making racist comments, mocking colleagues and plotting how to consolidate Latino political power in Los Angeles’ once-in-a-decade redistricting process — only one, the President of the Los Angeles County Federation of Labor Los Angeles, Ron Herrera, has resigned. Nury Martinez, who resigned as president of the city council on Monday, said this Tuesday morning she is taking a break. Her announcement came not long before a heated city council meeting that was mobbed by mobs of protesters, many of whom shouted profanities and called for Martinez and fellow council members Kevin de León and Gil Cedillo to resign.
Attorney General Rob Bonta said in an interview Tuesday with CalMatters for Our Voter’s Guide that his office is looking into whether “the rights and laws were violated, and if so, whose.” He said the focus of the investigation is “voting rights” and whether “racial animus” was involved in the redistricting process. Bonta said the secretly recorded conversation — which the Los Angeles County Federation of Labor has deemed “illegal” — is also “on our radar.”
2
California Education Updates
What’s happening in the world of education in California? Two CalMatters stories take a closer look:
- The latest ransomware attack on the Los Angeles Unified School District has left many wondering: If hackers can breach the data system of the state’s largest school district — and the nation’s second largest — how prepared are other California public schools for the growing threat of cyberattacks? CalMatters’ Joe Hong spoke with cybersecurity and school information technology experts to find out.
- As the cost of living continues to rise in California, many college students find it necessary to work part-time or even full-time. But California’s roughly 75,000 undocumented students don’t qualify for federal work-study programs or most job opportunities, and many struggle to make ends meet. #CaliforniansForAll College Corps, a program launched by Newsom last week, could help change that by giving hundreds of undocumented residents an opportunity to earn money for college by doing community service, Carmen González reports for CalMatters’ College Journalism Network. It’s the latest state initiative aimed at making it easier for undocumented students to afford higher education.
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Star witness claims pay to play for Santa Clara County sheriff’s gun permits corruption trial. // Mercury News
UC Hastings’ name change sparked a potential $1.7 billion lawsuit. Will it hold up in court? // San Francisco Chronicle
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Families occupying Oakland elementary school shut down end their protest after 130 days. // San Francisco Chronicle
Cal State universities are trying to attract more applicants. That is why. // San Francisco Chronicle
California welfare offices are understaffed, leading to ‘burnout’ and ‘overworked’ workers. // Sacramento Bee
Amazon workers in Southern California file for union election in potential first for the state. // CNBC
CAlifornia’s opening bid will not be settled only the Colorado River crisis. // Politico
Monitor Finds Flaws at PG&E fire safety efforts. // Sacramento Bee
