XPost: alt.politics.usa.constitution, sac.politics, alt.politics.republicans XPost: talk.politics.guns, law.court.federal

https://redstate.com/jimthompson/2025/07/10/baaagaaak-feds-sue-california- over-egg-prices-and-gavins-comms-clowns-have-a-cow-n2191487

I recall when California�s Proposition 2 (Farm Animal Confinement
Initiative) was placed on the ballot. It was framed as a �let�s ban animal cruelty.� That was in 2008 - I knew it would pass because who wants to say
he or she is for animal cruelty? But what it did was, in essence, require private rooms for chickens. I reasoned at the time that California was demanding that every state adopt California's henhouse standards or be
fined because every producer had to comply with California's more
restrictive standards.

Egg-laying hens needed private rooms, according to this initiative. A hen laying your morning omelet had to, by law, have privacy to pump out her
eggs. Henrietta�s "house" needed to be big enough so she could lie down,
stand up, and spread her wings without touching the sides of her cage.

Section 25990(a)-(b) demanded:

�[A] person shall not tether or confine any covered animal [including egg- laying hens], on a farm, for all or the majority of any day, in a manner
that prevents such animal from: (a) Laying down, standing up, and fully extending his or her limbs; and (b) Turning around freely.�

Henrietta needed to be able to extend her flightless wings and use her
bird brain to think about laying �stress-free� eggs.

The mandated provisions went into effect 10 years ago. Egg prices went up,
and any out-of-state producer who wanted to sell eggs in the state was
required to give their hens the same space to stretch their wings as
California chickens.

The Trump administration has decided that California is interfering in interstate commerce via its more restrictive statute and has sued the
state for injunctive relief.

The suit begins with:

The Supremacy Clause of the United States Constitution provides that
�[t]his Constitution, and the Laws of the United States which shall be
made in Pursuance thereof . . . shall be the supreme Law of the Land . . .
any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.� U.S. Const. art. VI, cl. 2.

Under the Supremacy Clause, federal law expressly preempts state law
where, as here, Congress acting within its constitutional authority
expresses an intent to preempt state law through explicit statutory
language.

In accordance with its power over interstate commerce and under the
Supremacy Clause, Congress expressly pre-empted state and local laws
requiring the use of standards of quality or condition for eggs which are
�in addition to or different from� those standards under EPIA. 21 U.S.C. � 1052(b).

Newsom�s comms team has jumped on this and done what they always do �
frame it as something that it is not, and do it in the voice of a 12-year-
old.

Cute, Gavin.

The plea for relief as to count one:

The Supremacy Clause of the United States Constitution provides that
�[t]his Constitution, and the Laws of the United States which shall be
made in Pursuance thereof . . . shall be the supreme Law of the Land . . .
any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.� U.S. Const. art. VI, cl. 2. 55. Under the Supremacy
Clause, federal law expressly preempts state law where, as here, Congress acting within its constitutional authority expresses an intent to preempt
state law through explicit statutory language.

In accordance with its power over interstate commerce and under the
Supremacy Clause, Congress expressly pre-empted state and local laws
requiring the use of standards of quality or condition for eggs which are
�in addition to or different from� those standards under EPIA. 21 U.S.C. � 1052(b).

As to count two:

Proposition 12 imposes standards of quality and condition on eggs by prohibiting the sale within California of any shell egg or liquid eggs
that have certain inherent properties�namely, eggs or liquid eggs that are
the product of an egg-laying hen that �was confined in a cruel manner,� as defined by California law. See Cal. Health & Safety Code � 25990(b)(3),
(4).

By prohibiting the sale of non-compliant eggs, Proposition 12 and its implementing regulations likewise violate EPIA and the Supremacy Clause by imposing requirements that are �in addition to� and �different from�
federal egg standards under EPIA, and are therefore invalid.

As to count three:

The Secretary of Agriculture under EPIA has promulgated regulations
regarding the labeling and packaging of egg products. See 7 C.F.R. ��
590.410 et seq.; id. � 57.840. 66.

California�s regulations regarding the packaging and labeling of egg
products, see 3 Cal. Code Regs. � 1320.4, violate EPIA and the Supremacy
Clause by imposing labeling and packaging requirements �in addition to�
and �different than� those imposed by EPIA, and are therefore invalid. 21 U.S.C. � 1052(b).

To put it in plain, every day terms, the federal government is arguing
here that the Supremacy Clause/the Constitution - not some California bureaucrats who seem to care more about chickens than people - reign
supreme when a law affects the various states. We'll keep you posted on
this developing case.

Editor�s Note: Thanks to President Trump�s leadership and bold policies, America�s economy is back on track.


--
November 5, 2024 - Congratulations President Donald Trump. We look
forward to America being great again.

We live in a time where intelligent people are being silenced so that
stupid people won't be offended.

Every day is an IQ test. Some pass, some, not so much.

Thank you for cleaning up the disasters of the 2008-2017, 2020-2024 Obama
/ Biden / Harris fiascos, President Trump.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)