110 Iowa L. Rev. 905 (2025)
Abstract
Federalism is the foundation of the American governmental system with the dormant Commerce Clause serving as a barrier against states reaching beyond their borders. The dormant Commerce Clause was tested in the U.S. Supreme Court case, National Pork Producers Council v. Ross over California’s Proposition 12, an animal health and welfare ballot measure that regulates the sale of livestock into the California marketplace. Proposition 12 survived its challenge before the U.S. Supreme Court because the Court found that pork chops are not regulated under the dormant Commerce Clause. This decision immensely impacts Iowa’s economy as Iowa is the number one pork producer in the nation, and most of its production is not in compliance with Proposition 12. Exploring the economic, environmental, and human health impacts of factory farming, and the cost of compliance with Proposition 12, this Note suggests that the consolidation of the agricultural industry has harmed, rather than helped, Iowans. This Note argues that Proposition 12 presents a unique opportunity for the Iowa Legislature to wean itself off factory farming and reestablish its roots as a state committed to small family farms.