Episode
Save Our Bacon….Crates? – Rodger Wasson
- Podcast
- Farm To Table Talk
- Published
- May 31, 2026
- Duration seconds
- 2300
- Processing state
not_requested- Canonical source
- https://farmtotabletalk.com/save-our-bacon-crates-rodger-wasson/
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Summary
California voters approved Proposition 12 by a decisive 63% margin, establishing minimum space requirements for farm animals and restricting the sale of pork, eggs, and veal produced from animals confined in spaces smaller than those standards. For pork producers, the law effectively prohibits the sale of meat from pigs born to sows housed in gestation crates that fail to meet California’s requirements. State regulators and many pork processors have maintained that California’s pork demand can be supplied under Proposition 12, although compliance costs may contribute to somewhat higher prices—much as California consumers often pay premiums for products produced under stricter standards. Opponents of Proposition 12 vowed to challenge the law all the way to the U.S. Supreme Court. In 2023, however, the Court upheld the measure in a closely divided 5–4 decision.Writing for the majority, Justice Neil Gorsuch concluded that states have broad authority to regulate products sold within their borders, even when those regulations affect producers in other states. The Court rejected arguments that the Constitution’s dormant Commerce Clause bars statesfrom adopting non-discriminatory laws simply because they impose compliance costs on a national industry. While the Constitution prohibits economic protectionism, the Court held that it does not prevent voters from restricting products they believe are produced through practices they consider cruel or unethical, provided the law applies equally to in-state and out-of-state businesses.Having failed in the courts, opponents have shifted their efforts to Congress. Language included in proposed Farm Bill legislation—often referred to by supporters as the “Save Our Bacon” provision—would limit states’ abi…