AR Laws+The Commerce Clause; Dormant Commerce Clause

One of the easiest to understand explanations of both the commerce clause and the dormant commerce clause is on Wiki.

It should go without saying that the legislator who called for passing the PICA reg to protect interstate commerce, did it after HSUS managed to get California dummy dum dum legislators to pass that eggie rule, which stated that any eggie biz dealing with shelled eggs in CA, or coming into CA, MUST come from a place which conforms with the CA eggie law for habitat of the hens.

People may recall that CA constituents “passed” the HSUS eggie reform initiative, by showing pigs and other animals on TV but not necessarily chickens, then HSUS filed 5 or more lawsuits to stop the eggie people from spending any earmarked $$$ on opposition.  Because the CA eggie people were not prepared nor ready to take on HSUS crappola, HSUS bamboozed voters and Prop 2 passed.

Now the question could be, was that second law which passed, which forces any eggie people sending eggs into CA, legal?  In other words, can that law mandate that any eggie producers outside the state only do biz here in CA by conforming their own habitats for hens at their own expense, in another state, of course? While we have seen several lawsuits filed in CA, in an attempt to determine just what standards are required for the eggie producers in CA, proponents (HSUS) claim one standard but the producers claim they can’t tell what that standard is.  We read the purported standard(s) but even so, we are not sure whether it could be enforced exactly, because the “wingspan” of chickens is not universal; chickens do not necessarily gather in preset arrangements; and exactly how would one know if X number of chickens could or would spread their wings unless you measured it? Could that be a universal measurement? Would that mean no cages?  Would it mean larger cages but how large?

Although we have not seen any mention of commerce clause violation, it is often the case when one state attempts to thwart non local business in their own state so that local business will do more business, and out of state companies will not be subject to the same standards. However, the second reg passed seemed to force all companies who want to get shelled eggs into CA to have to conform their out of state habitat to meet the same as CA producers. So if a CA producer cannot afford to change the habitat then they gotta shut down? They have to move? They no longer are in shelled egg biz? If the out of state simply cannot retrofit, they just lose out to selling in CA?

We suspect that prior to the date/year for implementation of the eggie law, that the eggie producers will file an injunction and ask for a stay, pending issues with the law.  If granted, that could hold up the law for years.  Let’s hope they file it in Eastern District Fresno, probably the best chance as opposed to San Franciso or Los Angeles–little or no chance in our book.  Although we have seen HSUS LOSE even in San Francisco Federal District Court. We have talked with one of the attorneys at Downey Brand law firm in Sacramento, who is working on one of the lawsuits. Things are just rolling along, Phase I.






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