How a Challenge to California’s Animal Cruelty Law Became a Stealth Abortion Case

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How a Challenge to California’s Animal Cruelty Law Became a Stealth Abortion Case
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On Tuesday, the Supreme Court heard a case with implications for abortion access, transgender health care, clean energy, and much, much more.

But on the surface, the case itself is about none of these explosive topics. Ostensibly,is merely about pigs. In the United States, most pigs raised for meat are treated cruelly—confined in cages so small that they cannot stand up, sit down, or turn around. California outlawed the sale of pork from pigs raised in this “cruel” manner in 2018. Now the Supreme Court will decide whether California’s law violates the Constitution, with possible far-reaching consequences.

So, for instance, MichiganAdvertisementTextualists and originalists tend to dislike the dormant commerce clause since it doesn’t appear in the Constitution; the Supreme Court has instead inferred the doctrine from thecommerce clause, which gives Congress the power to regulate interstate commerce. Because it’s a judge-made gloss on the Constitution, justices like Clarence Thomas and Neil Gorsuch reject its validity.

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