Under the Radar Cases in the 2022 Term • State Sovereignty & Federalism – Dormant Commerce Clause – Dormant Commerce Clause • National Pork Producers Council v. Ross – Due Process / Personal Jurisdiction • Mallory v. Norfolk Southern Railway Co. • Internet Speech – Gonzales v. Google & Twitter v. Taamneh Under the Radar Cases in the 2022 Term • State Sovereignty & Federalism – Dormant Commerce Clause • National Pork Producers Council v. Ross – Due Process / Personal Jurisdiction • Mallory v. Norfolk Southern Railway Co. • Internet Speech – Gonzales v. Google & Twitter v. Taamneh • National Pork Producers Council v. Ross – Due Process / Personal Jurisdiction • Mallory v. Norfolk Southern Railway Co. • Internet Speech – Gonzales v. Google & Twitter v. Taamneh National Pork Producers Council v. Ross • In 2018, California voters passed Proposition 12 by a 63%-37% margin – Imposes restrictions on animal confinement for the safe and humane raising of pigs. – Precludes a business owner/operator from knowingly engaging in a sale within California of pork products, unless the meat was produced in compliance with specified restrictions. – Sales provision applies equally to in-state and out-of-state pork suppliers. • National Park Producers Council and American Farm Bureau Federation brought suit – Prop 12 was an impermissible regulation of extraterritorial activity. – California is attempting to regulate interstate commerce. – Precludes a business owner/operator from knowingly engaging in a sale within California of pork products, unless the meat was produced in compliance with specified restrictions. – Sales provision applies equally to in-state and out-of-state pork suppliers. • National Park Producers Council and American Farm Bureau Federation brought suit – Prop 12 was an impermissible regulation of extraterritorial activity. – California is attempting to regulate interstate commerce. National Pork Producers Council v. Ross • In 2018, California voters passed Proposition 12 by a 63%-37% margin – Imposes restrictions on animal confinement for the safe and humane raising of pigs. National Pork Producers Council v. Ross • In 2018, California voters passed Proposition 12 by a 63%-37% margin – Imposes restrictions on animal confinement for the safe and humane raising of pigs. – Precludes a business owner/operator from knowingly engaging in a sale within California of pork products, unless the meat was produced in compliance with specified restrictions. – Sales provision applies equally to in-state and out-of-state pork suppliers. • National Park Producers Council and American Farm Bureau Federation brought suit – Prop 12 was an impermissible regulation of extraterritorial activity. – California is attempting to regulate interstate commerce.
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National Pork Producers Council v. Ross
National Pork Producers Council v. Ross • The Commerce Clause: The Congress shall have Power “To regulate Commerce … among the several States.” U.S. Const. art. I, § 8, cl. 3. – a/k/a Congress has express Constitutional authority to regulate interstate commerce. National Pork Producers Council v. Ross • The Commerce Clause: The Congress shall have Power “To regulate Commerce … among the several States.” U.S. Const. art. I, § 8, cl. 3. – a/k/a Congress has express Constitutional authority to regulate interstate commerce. • The Commerce Clause: The Congress shall have Power “To regulate Commerce … among the several States.” U.S. Const. art. I, § 8, cl. 3. – a/k/a Congress has express Constitutional authority to regulate interstate commerce.
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Central Wisconsin Report - Fall 2022
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