North American Meat Institute v. Xavier Becerra

I. INTRODUCTION

Plaintiff North American Meat Institute (“NAMI”), a national trade association of meat packers and processors, filed this action against California Attorney General Xavier Becerra, California Secretary of Food and Agriculture Karen Ross, and California Director of Public Health Sonia Angell (collectively “California” or “the State”) on October 4, 2019 to challenge the constitutionality and prevent the enforcement of California Health & Safety Code § 25990(b), which California voters enacted as Proposition 12 on November 6, 2018 (“Proposition 12”). See ECF No. 1 (“Compl.”). The complaint alleges that Proposition 12 violates the Commerce Clause of the United States Constitution by: (1) discriminating against out of state producers, distributors, and sellers of pork and veal; (2) impermissibly regulating extraterritorial activities beyond California’s borders; and (3) substantially burdening interstate commerce in a manner that exceeds any legitimate local benefits. Compl. 44-90. Along with its complaint, NAMI concurrently filed a motion for preliminary injunction and several supporting fact…