National Pork Producers Council v. Ross, No. 21-468 [Arg: 10.11.2022]
(1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause, or whether the extraterritoriality principle described in the Supreme Court’s decisions is now a dead letter; and (2) whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a claim under Pike v. Bruce Church, Inc.
QUESTION PRESENTED:
- Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause, or whether the extraterritoriality principle described in the Supreme Court’s decisions is now a dead letter; and
- whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a claim under Pike v. Bruce Church, Inc.
Date Proceedings and Orders (key to color coding)
Sep 27 2021 | Petition for a writ of certiorari filed. (Response due October 29, 2021)
Oct 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.
Oct 11 2021 | Waiver of right of respondents Humane Society of the United States, et al. to respond filed.
Oct 12 2021 | Blanket Consent filed by Petitioner, National Pork Producers Council, et al.
Oct 13 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 13 2021 | Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)
Oct 19 2021 | Response Requested. (Due November 18, 2021)
Oct 29 2021 | Brief amicus curiae of Canadian Pork Council filed.
Nov 01 2021 | Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk.
Nov 01 2021 | Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed.
Nov 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.
Nov 10 2021 | Brief amici curiae of Indiana, et al. filed.
Nov 12 2021 | Brief amicus curiae of Cato Institute filed.
Nov 18 2021 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Nov 18 2021 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Nov 18 2021 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Dec 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.
Dec 08 2021 | Brief of respondents Humane Society of the United States, et al. in opposition filed.
Dec 21 2021 | Reply of petitioner National Pork Producers Council, et al. filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022 | DISTRIBUTED for Conference of 3/4/2022.
Mar 14 2022 | DISTRIBUTED for Conference of 3/18/2022.
Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022 | Petition GRANTED.
Apr 06 2022 | Joint motion for an extension of time to file the briefs on the merits filed.
Apr 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.
Apr 25 2022 | Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al.
May 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 10 2022 | Brief of petitioners National Pork Producers Council, et al. filed.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022.
Jun 14 2022 | Brief amicus curiae of Pacific Legal Foundation filed.
Jun 17 2022 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Jun 17 2022 | Brief amicus curiae of Protect the Harvest filed.
Jun 17 2022 | Brief amicus curiae of The Buckeye Institute filed.
Jun 17 2022 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Jun 17 2022 | Brief amici curiae of The Retail Litigation Center, Inc., et al. filed.
Jun 17 2022 | Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Canadian Pork Council, et al. filed.
Jun 17 2022 | Brief amicus curiae of American Association of Swine Veterinarians filed.
Jun 17 2022 | Brief amici curiae of Indiana, et al. filed.
Jun 17 2022 | Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Jun 17 2022 | Brief amici curiae of Professors Michael Knoll, et al. filed.
Jun 17 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 17 2022 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Jun 17 2022 | Brief amicus curiae of North American Meat Institute filed.
Jun 17 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Jun 17 2022 | Brief amicus curiae of Association for Accessible Medicines filed.
Jun 17 2022 | Brief amicus curiae of United States filed.
Jun 17 2022 | Brief amicus curiae of National Taxpayers Union Foundation filed.
Jun 17 2022 | Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed.
Jun 22 2022 | Record requested from the 9th Circuit.
Jun 23 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Jul 21 2022 | CIRCULATED
Aug 04 2022 | Brief amicus curiae of Dr. Leon Barringer filed. (Distributed)
Aug 08 2022 | Brief of State Respondents filed. (Distributed)
Aug 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.
Aug 10 2022 | Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed)
Aug 12 2022 | Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Aug 12 2022 | Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed)
Aug 15 2022 | Motion for divided argument filed by respondents The Humane Society of the United States, et al.
Aug 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.
Aug 15 2022 | Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Worker Safety Advocates filed. (Distributed)
Aug 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)
Aug 15 2022 | Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed)
Aug 15 2022 | Brief amici curiae of National League for Cities, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Economic Research Organizations filed. (Distributed)
Aug 15 2022 | Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Public Citizen filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Federalism Scholars filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Physicians Committee For Responsible Medicine filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Northeast Organic Dairy Producers Alliance filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Association of California Egg Farmers filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of ButcherBox filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
Sep 07 2022 | Reply of petitioners National Pork Producers Council, et al. filed. (Distributed)
Sep 09 2022 | Motion for leave to file respondents' brief on the merits out of time GRANTED.
Sep 09 2022 | Motion for divided argument filed by respondents GRANTED.
Sep 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.
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Sep 27 2021 | Petition for a writ of certiorari filed. (Response due October 29, 2021)
Oct 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.
Oct 11 2021 | Waiver of right of respondents Humane Society of the United States, et al. to respond filed.
Oct 12 2021 | Blanket Consent filed by Petitioner, National Pork Producers Council, et al.
Oct 13 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 13 2021 | Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)
Oct 19 2021 | Response Requested. (Due November 18, 2021)
Oct 29 2021 | Brief amicus curiae of Canadian Pork Council filed.
Nov 01 2021 | Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk.
Nov 01 2021 | Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed.
Nov 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.
Nov 10 2021 | Brief amici curiae of Indiana, et al. filed.
Nov 12 2021 | Brief amicus curiae of Cato Institute filed.
Nov 18 2021 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Nov 18 2021 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Nov 18 2021 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Dec 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.
Dec 08 2021 | Brief of respondents Humane Society of the United States, et al. in opposition filed.
Dec 21 2021 | Reply of petitioner National Pork Producers Council, et al. filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022 | DISTRIBUTED for Conference of 3/4/2022.
Mar 14 2022 | DISTRIBUTED for Conference of 3/18/2022.
Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022 | Petition GRANTED.
Apr 06 2022 | Joint motion for an extension of time to file the briefs on the merits filed.
Apr 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.
Apr 25 2022 | Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al.
May 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 10 2022 | Brief of petitioners National Pork Producers Council, et al. filed.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022.
Jun 14 2022 | Brief amicus curiae of Pacific Legal Foundation filed.
Jun 17 2022 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Jun 17 2022 | Brief amicus curiae of Protect the Harvest filed.
Jun 17 2022 | Brief amicus curiae of The Buckeye Institute filed.
Jun 17 2022 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Jun 17 2022 | Brief amici curiae of The Retail Litigation Center, Inc., et al. filed.
Jun 17 2022 | Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Canadian Pork Council, et al. filed.
Jun 17 2022 | Brief amicus curiae of American Association of Swine Veterinarians filed.
Jun 17 2022 | Brief amici curiae of Indiana, et al. filed.
Jun 17 2022 | Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Jun 17 2022 | Brief amici curiae of Professors Michael Knoll, et al. filed.
Jun 17 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 17 2022 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Jun 17 2022 | Brief amicus curiae of North American Meat Institute filed.
Jun 17 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Jun 17 2022 | Brief amicus curiae of Association for Accessible Medicines filed.
Jun 17 2022 | Brief amicus curiae of United States filed.
Jun 17 2022 | Brief amicus curiae of National Taxpayers Union Foundation filed.
Jun 17 2022 | Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed.
Jun 22 2022 | Record requested from the 9th Circuit.
Jun 23 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Jul 21 2022 | CIRCULATED
Aug 04 2022 | Brief amicus curiae of Dr. Leon Barringer filed. (Distributed)
Aug 08 2022 | Brief of State Respondents filed. (Distributed)
Aug 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.
Aug 10 2022 | Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed)
Aug 12 2022 | Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Aug 12 2022 | Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed)
Aug 15 2022 | Motion for divided argument filed by respondents The Humane Society of the United States, et al.
Aug 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.
Aug 15 2022 | Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Worker Safety Advocates filed. (Distributed)
Aug 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)
Aug 15 2022 | Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed)
Aug 15 2022 | Brief amici curiae of National League for Cities, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Economic Research Organizations filed. (Distributed)
Aug 15 2022 | Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Public Citizen filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Federalism Scholars filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Physicians Committee For Responsible Medicine filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Northeast Organic Dairy Producers Alliance filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Association of California Egg Farmers filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of ButcherBox filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
Sep 07 2022 | Reply of petitioners National Pork Producers Council, et al. filed. (Distributed)
Sep 09 2022 | Motion for leave to file respondents' brief on the merits out of time GRANTED.
Sep 09 2022 | Motion for divided argument filed by respondents GRANTED.
Sep 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.
![National Pork Producers Council v. Ross, No. 21-468 [Arg: 10.11.2022]](https://img.transistor.fm/Pf517SXniHj6O9bZLUWrx5NqfjPcX_DSIQzmf8QtdJI/rs:fill:800:800:1/q:60/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9lcGlz/b2RlLzEwNTg3MzAv/MTY2NTQ1MTc0OS1h/cnR3b3JrLmpwZw.webp)