Get PJ Media on your Apple

VodkaPundit

Which Came First?

February 5th, 2014 - 12:43 pm

I understand you don’t normally come to VodkaPundit for the latest farming news, but this story has implications far larger than the old chicken and egg debate. Read:

Missouri’s attorney general has asked a federal court to strike down a California law regulating the living conditions of chickens, setting up a cross-country battle that pits new animal protections against the economic interests of Midwestern farmers.

The lawsuit by Missouri Attorney General Chris Koster takes aim at a California law set to take effect in 2015 that prohibits eggs from being sold there if they come from hens raised in cages that don’t comply with California’s new size and space requirements.

Koster said Tuesday that the California law infringes on the interstate commerce protections of the U.S. Constitution by effectively imposing new requirements on out-of-state farmers.

“If California legislators are permitted to mandate the size of chicken coops on Missouri farms, they may just as easily demand that Missouri soybeans be harvested by hand or that Missouri corn be transported by solar-powered trucks,” Koster said.

California will try to tell Missouri what to do, of course — and while I don’t see how the courts could uphold it, you never really know what the courts will decide. Washington will eventually try and copy California, and from that states like Missouri no longer enjoy the protections afforded by federalism.

We’re rapidly approaching Progressivism’s happy end state where everything not mandatory is forbidden.

Comments are closed.

All Comments   (5)
All Comments   (5)
Sort: Newest Oldest Top Rated
Just another case of California having egg on their face. Will they next want the growers to have chicken diversity? Will illegal chickens come over the border in search of better cages? Will hens abort their eggs? Will good layers have to give some of their eggs to the low producing hens? And what about end of life care? We have a lot of work to do.
31 weeks ago
31 weeks ago Link To Comment
How will California verify that eggs being delivered meet CA standards? One egg looks pretty much like another. Will they hire hundreds of traveling egg inspectors who will stamp every egg with a certification at the farm? If a Missouri farmer sells his "bad" eggs to a wholesaler, who then passes them on to CA as "good" eggs, is the MO farmer complicit? How will CA punish the egg-fenders? (sorry) File a civil suit in Federal court? Charge them with fraud? File extradition papers in MO to have the farmers tried and jailed in CA?
31 weeks ago
31 weeks ago Link To Comment
a) None of that will happen, and b) it will cost billions for California taxpayers.
31 weeks ago
31 weeks ago Link To Comment

There's a very simple argument against Missouri's suit. The Commerce Clause was primarily intended to prevent states from instituting barriers that favor their resident producers and create disadvantages for out-of-state producers. The California law applies whether the producer is in- or out-of-state.

In my opinion, a proponent of federalism should hope California wins this one. If it means anything, federalism means that California gets to simmer in its progressive stew but Missouri residents don't have to.

31 weeks ago
31 weeks ago Link To Comment
Missouri would have to stew a bit, it seems, since Californians eat a lot of huevos. What Missourians (and ALL other states) might want to do is jump on the latest bandwagon to break California into several smaller states.
31 weeks ago
31 weeks ago Link To Comment
View All