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The John Batchelor Show

#Bestof2022: 2/2: #SCOTUS: The Dormant Commerce Clause: Does California rule the other 49 states? Richard A Epstein, @RichardAEpstein, @HooverIns. (Originally posted April 12, 2022)

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John Batchelor

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🗓️ 9 June 2023

⏱️ 8 minutes

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#Bestof2022: 2/2: #SCOTUS: The Dormant Commerce Clause: Does California rule the other 49 states? Richard A Epstein, @RichardAEpstein, @HooverIns. (Originally posted April 12, 2022)

https://www.hoover.org/research/high-court-referee-california-food-fight

Transcript

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0:00.0

This is CBSI in the world. I'm John Bachelor with Professor Richard Epstein, the Hoover

0:10.8

Institution. He's the senior fellow writing and defining ideas. Richard teaches law at NYU

0:16.7

and the University of Chicago. I do not have a law education. So what I learn is from

0:21.8

Richard's essays and also the opportunity to ask him questions about how is this common

0:27.2

sensical. And that's where I'm going to start in this case that he is writing about now

0:31.8

that's before the courts. It is entitled National Pork Producers Council versus Ross.

0:38.3

It springs from a proposition in California that was successful in 2018, in other words,

0:44.4

four years hence, that requires all pork products sold in the state of California to be prepared

0:50.8

in facilities meeting California standards of animal health and safety, animal health and

0:56.6

safety. That's important here. That suggests that California with this referendum is going

1:03.1

to need to inspect the production of pork products that are sold into California. The

1:09.0

details here, Richard provides that California makes up 13% of pork consumers in the US,

1:17.1

at 99.8 of all pork produced in the US or anywhere is produced outside of California.

1:24.5

So the common sense of this is that California is seeking to take a regulation that it

1:29.3

passed with a referendum and impose it on the rest of the states, maybe the rest of the

1:34.7

planet. And one of the drivers for this is the health care without harm. That's a group

1:40.8

that is most focused on animal cruelty. Richard, that threw me because this is about health

1:47.6

and safety and the production of meat anywhere can be made to look extremely unacceptable.

1:55.5

That's the nature of the legislation that preceded the beginning of the 20th century

2:00.7

under the Roosevelt administration, the Macrakers. And so therefore, it seems inappropriate

2:06.5

to apply Macraking standards on something that is meant to protect the health of people,

2:12.2

not their moral opinions.

...

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