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Claim California law that requires any eggs sold there to come from hens that have space to stretch out in their cages violates interstate commerce clause.

December 11, 2017

Legal Insurrection,

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December 9, 2017-

Thirteen states are trying to haul California in front of the US Supreme Court. While there is a myriad of issues that would be worthy of this move, it is the Golden State’s egg law that the potential plaintiffs want cracked open before the nation’s highest court. More than a dozen states want the U.S. Supreme Court to block a California law requiring any eggs sold there to come from hens that have space to stretch out in their cages. The lawsuit, which was filed on Monday, alleges that California’s requirements violate the U.S. Constitution’s interstate commerce clause and are pre-empted by federal law.

A federal appeals court panel rejected a similar argument last year in a separate lawsuit from six states. Missouri Attorney General Josh Hawley is spearheading the new lawsuit. He says it includes new data estimating California’s egg law has cost consumers nationwide up to $350 million annually as a result of higher egg prices since it took effect in 2015.

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