National Pork Producers Council v. Ross

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-468	9th Cir.	Oct 11, 2022	May 11, 2023	5-4	Gorsuch	OT 2022

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.

SCOTUSblog Coverage

Court upholds California animal-welfare law (Amy Howe, May 11, 2023)
California law on sale of pork raises concerns about interstate moral disputes in a balkanized nation (Amy Howe, October 11, 2022)
Court to hear battle over animal welfare, the dormant commerce clause and the price of bacon (Amy Howe, October 10, 2022)
Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
A second look at a death-row prisoners ineffective-assistance-of-counsel claim (John Elwood, March 30, 2022)
Justices add three new cases, including challenge to animal-welfare law and Warhol copyright dispute (Amy Howe, March 28, 2022)
Andy Warhols artwork, Arizonas capital sentencing, and more on armed career criminals (John Elwood, March 23, 2022)
Two more cases involving religious exercise claims (John Elwood, March 16, 2022)
No new relists but a preview of a free-exercise issue the court is watching closely (John Elwood, March 2, 2022)
How long do prisoners have to seek DNA evidence? (John Elwood, February 23, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Texting in the car, surveillance of a home, and Section 1983 for Miranda (Andrew Hamm, October 22, 2021)

Date	Proceedings and Orders (key to color coding)
09/27/2021	Petition for a writ of certiorari filed. (Response due October 29, 2021)
10/11/2021	Waiver of right of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. to respond filed.
10/11/2021	Waiver of right of respondents Humane Society of the United States, et al. to respond filed.
10/12/2021	Blanket Consent filed by Petitioner, National Pork Producers Council, et al.
10/13/2021	DISTRIBUTED for Conference of 10/29/2021.
10/13/2021	Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)
10/19/2021	Response Requested. (Due November 18, 2021)
10/29/2021	Brief amicus curiae of Canadian Pork Council filed.
11/01/2021	Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk.
11/01/2021	Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed.
11/02/2021	Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021, for all respondents.
11/10/2021	Brief amici curiae of Indiana, et al. filed.
11/12/2021	Brief amicus curiae of Cato Institute filed.
11/18/2021	Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
11/18/2021	Brief amici curiae of National Association of Manufacturers, et al. filed.
11/18/2021	Brief amici curiae of Iowa Pork Producers Association, et al. filed.
12/08/2021	Brief of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. in opposition filed.
12/08/2021	Brief of respondents Humane Society of the United States, et al. in opposition filed.
12/21/2021	Reply of petitioner National Pork Producers Council, et al. filed. (Distributed)
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
02/11/2022	DISTRIBUTED for Conference of 2/18/2022.
02/22/2022	DISTRIBUTED for Conference of 2/25/2022.
02/28/2022	DISTRIBUTED for Conference of 3/4/2022.
03/14/2022	DISTRIBUTED for Conference of 3/18/2022.
03/21/2022	DISTRIBUTED for Conference of 3/25/2022.
03/28/2022	Petition GRANTED.
04/06/2022	Joint motion for an extension of time to file the briefs on the merits filed.
04/22/2022	Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2022. The time to file respondents' briefs on the merits is extended to and including August 8, 2022.
04/25/2022	Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al.
05/16/2022	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
06/10/2022	Brief of petitioners National Pork Producers Council, et al. filed.
06/14/2022	ARGUMENT SET FOR Tuesday, October, 11, 2022.
06/14/2022	Brief amicus curiae of Pacific Legal Foundation filed.
06/17/2022	Brief amici curiae of National Association of Manufacturers, et al. filed.
06/17/2022	Brief amicus curiae of Protect the Harvest filed.
06/17/2022	Brief amicus curiae of The Buckeye Institute filed.
06/17/2022	Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
06/17/2022	Brief amici curiae of The Retail Litigation Center, Inc., et al. filed.
06/17/2022	Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed.
06/17/2022	Brief amici curiae of Canadian Pork Council, et al. filed.
06/17/2022	Brief amicus curiae of American Association of Swine Veterinarians filed.
06/17/2022	Brief amici curiae of Indiana, et al. filed.
06/17/2022	Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed.
06/17/2022	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
06/17/2022	Brief amici curiae of Professors Michael Knoll, et al. filed.
06/17/2022	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
06/17/2022	Brief amici curiae of Iowa Pork Producers Association, et al. filed.
06/17/2022	Brief amicus curiae of North American Meat Institute filed.
06/17/2022	Brief amicus curiae of Washington Legal Foundation filed.
06/17/2022	Brief amicus curiae of Association for Accessible Medicines filed.
06/17/2022	Brief amicus curiae of United States filed.
06/17/2022	Brief amicus curiae of National Taxpayers Union Foundation filed.
06/17/2022	Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed.
06/22/2022	Record requested from the 9th Circuit.
06/23/2022	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
07/21/2022	CIRCULATED
08/04/2022	Brief amicus curiae of Dr. Leon Barringer filed. (Distributed)
08/08/2022	Brief of State Respondents filed. (Distributed)
08/10/2022	Motion for leave to file respondents' brief on the merits out of time filed by respondents The Humane Society of the United States, et al.
08/10/2022	Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed)
08/12/2022	Brief amici curiae of State of Illinois, et al. filed. (Distributed)
08/12/2022	Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed)
08/15/2022	Motion for divided argument filed by respondents The Humane Society of the United States, et al.
08/15/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
08/15/2022	Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed)
08/15/2022	Brief amici curiae of Worker Safety Advocates filed. (Distributed)
08/15/2022	Brief amici curiae of Donald Broom, Elena Contreras, Gwendolen Reyes-Illg, James Reynolds, and 374 Additional Animal-Welfare Scientists and Veterinarians filed. (Distributed)
08/15/2022	Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed)
08/15/2022	Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed)
08/15/2022	Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed)
08/15/2022	Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed)
08/15/2022	Brief amici curiae of National League for Cities, et al. filed. (Distributed)
08/15/2022	Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
08/15/2022	Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed)
08/15/2022	Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed)
08/15/2022	Brief amici curiae of Economic Research Organizations filed. (Distributed)
08/15/2022	Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
08/15/2022	Brief amicus curiae of Public Citizen filed. (Distributed)
08/15/2022	Brief amici curiae of Federalism Scholars filed. (Distributed)
08/15/2022	Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed)
08/15/2022	Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed)
08/15/2022	Brief amicus curiae of Physicians Committee For Responsible Medicine filed. (Distributed)
08/15/2022	Brief amicus curiae of Northeast Organic Dairy Producers Alliance filed. (Distributed)
08/15/2022	Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed)
08/15/2022	Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed)
08/15/2022	Brief amicus curiae of Association of California Egg Farmers filed. (Distributed)
08/15/2022	Brief amicus curiae of ButcherBox filed. (Distributed)
08/15/2022	Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
09/07/2022	Reply of petitioners National Pork Producers Council, et al. filed. (Distributed)
09/09/2022	Motion for leave to file respondents' brief on the merits out of time GRANTED.
09/09/2022	Motion for divided argument filed by respondents GRANTED.
09/09/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, 25 minutes for the state respondents, and 10 minutes for The Humane Society of the United States, et al. respondents.
10/11/2022	Argued. For petitioners: Timothy S. Bishop, Chicago, Ill.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. For Humane Society of the United States, et al. respondents: Jeffrey A. Lamken, Washington, D. C.
05/11/2023	Adjudged to be AFFIRMED. Gorsuch, J., 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 Thomas, Sotomayor, Kagan, and Barrett, JJ., joined, an opinion with respect to Parts IV–B and IV–D, in which Thomas and Barrett, JJ., joined, and an opinion with respect to Part IV–C, in which Thomas, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part, in which Kagan, J., joined. Barrett, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Alito, Kavanaugh, and Jackson, JJ., joined. Kavanaugh, J., filed an opinion concurring in part and dissenting in part.
06/12/2023	Judgment issued.