National Pork Producers Council v. Ross

Holding: The judgment of the U.S. Court of Appeals for the 9th Circuit — affirming the dismissal of a complaint challenging California’s Proposition 12 under a dormant commerce clause rationale not grounded in an allegation that the law purposefully discriminates against out-of-state economic interests — is affirmed.

Judgment: Affirmed, 5-4, in an opinion by Justice Gorsuch on May 11, 2023. Justice Gorsuch announced the judgment of the court, and delivered the opinion of the court with respect to Parts I, II, III, IV–A, and V, in which Justices Thomas, Sotomayor, Kagan, and Barrett joined, an opinion with respect to Parts IV–B and IV–D, in which Justices Thomas and Barrett joined, and an opinion with respect to Part IV–C, in which Justices Thomas, Sotomayor, and Kagan joined. Justice Sotomayor filed an opinion concurring in part, in which Justice Kagan joined. Justice Barrett filed an opinion concurring in part. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justices Alito, Kavanaugh, and Jackson joined. Justice Kavanaugh filed an opinion concurring in part and dissenting in part.