13 States Launch New Legal Challenge To California Egg Law
by David A. Lieb, Associated Press
Posted: 2017-12-05 17:40:50 EST

JEFFERSON CITY, Mo. — More than a dozen states banded together Monday to ask 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.

In a lawsuit filed directly to the high court, the states allege that California's law has cost consumers nationwide up to $350 million annually because of higher egg prices since it took effect in 2015. The lawsuit argues 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 similar claims last year in a separate case brought by six states, ruling that they failed to show California's law would affect more than just individual farmers. The latest lawsuit seeks to address that by citing an economic analysis of the California law. It also asks the Supreme Court to take up the case directly instead of requiring that it first move through the lower courts.

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