Iowa Pork Producers Association v. Rob Bonta

facts, we do not recount them here. “We review de novo an order granting a

motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure

12(b)(6).” Mudpie, Inc. v. Travelers Cas. Ins. Co. of Am., 15 F.4th 885, 889 (9th

Cir. 2021). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the

district court’s dismissal of IPPA’s complaint.

1. We begin with IPPA’s claim that Proposition 12 unconstitutionally

discriminates against interstate commerce in violation of the dormant Commerce

Clause. “If a statute discriminates against out-of-state entities on its face, in its

purpose, or in its practical effect, it is unconstitutional unless it ‘serves a legitimate

local purpose, and this purpose could not be served as well by available

nondiscriminatory means.’” Rocky Mountain Farmers Union v. Corey, 730 F.3d

1070, 1087 (9th Cir. 2013) (quoting Maine v. Taylor, 477 U.S. 131, 138 (1986)).

On its face, Proposition 12 does not discriminate against out-of-state pork

1 “Because we affirm the district court’s Rule 12(b)(6) dismissal of the complaint, . . . we need not separately address the question whether the denial of the [plaintiff’s] motion…