National Pork Producers Council v. Ross HTML PDF
Decided: Syllabus | Majority Opinion | Concurrence
Syllabus
NATIONAL PORK PRODUCERS COUNCIL v. ROSS
6 4th 1021, affirmed.
NOTE:âWhere it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
NATIONAL PORK PRODUCERS COUNCIL et al. v. ROSS, SECRETARY OF THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE, et al.
certiorari to the united states court of appeals for the ninth circuit
This case involves a challenge to a California law known as Proposition 12, which as relevant here forbids the in-state sale of whole pork meat that comes from breeding pigs (or their immediate offspring) that are âconfined in a cruel manner.â Cal. Health & Safety Code Ann. §25990(b)(2). Confinement is âcruelâ if it prevents a pig from âlying down, standing up, fully extending [its] limbs, or turning around freely.â §25991(e)(1). Prior to the vote on Proposition 12, proponents suggested the law would benefit animal welfare and consumer health, and opponents claimed that existing farming practices did better than Proposition 12 protecting animal welfare (for example, by preventing pig-on-pig aggression) and ensuring consumer health (by avoiding contamination). Shortly after Proposition 12âs adoption, two organizationsâthe National Pork Producers Council and the American Farm Bureau Federation (petitioners)âfiled this lawsuit on behalf of their members who raise and process pigs alleging that Proposition 12 violates the U. S. Constitution by impermissibly burdening interstate commerce. Petitioners estimated that the cost of compliance with Proposition 12 will increase production costs and will fall on both California and out-of-state producers. But because California imports almost all the pork it consumes, most of Proposition 12âs compliance costs will be borne by out-of-state firms. The district court held that petitionersâ complaint failed to state a claim as a matter of law and dismissed the case. The Ninth Circuit affirmed.
Held:Â The judgment of the Ninth Circuit is affirmed.
6 4th 1021, affirmed.
 âJustice Gorsuch delivered the opinion of the Court, except as to Parts IVâB, IVâC, and IVâD, rejecting petitionersâ theories that would place Proposition 12 in violation of the dormant Commerce Clause even though petitioners do not allege the law purposefully discriminates against out-of-state economic interests. Pp 5â17, 27â29.
â(a) The Constitution vests Congress with the power to âregulate Commerce . . . among the several States.â Art. I, §8, cl. 3. Although Congress may seek to exercise this power to regulate the interstate trade of pork, and many pork producers have urged Congress to do so, Congress has yet to adopt any statute that might displace Proposition 12 or laws regulating pork production in other States. Petitionersâ litigation theory thus rests on the dormant Commerce Clause theory, pursuant to which the Commerce Clause not only vests Congress with the power to regulate interstate trade, but also âcontain[s] a further, negative command,â one effectively forbidding the enforcement of âcertain state [economic regulations] even when Congress has failed to legislate on the subject.â Oklahoma Tax Commân v. Jefferson Lines, Inc., 514 U. S. 175, 179. This Court has held that state laws offend this dormant aspect of the Commerce Clause when they seek to âbuild up . . . domestic commerceâ through âburdens upon the industry and business of other States.â Guy v. Baltimore, 100 U. S. 434, 443. At the same time, though, the Court has reiterated that, absent purposeful discrimination, âa State may exclude from its territory, or prohibit the sale therein of any articles which, in its judgment, fairly exercised, are prejudicial toâ the interests of its citizens. Ibid.
âThe antidiscrimination principle lies at the âvery coreâ of the Courtâs dormant Commerce Clause jurisprudence. Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U. S. 564, 581. This Court has said that the Commerce Clause prohibits the enforcement of state laws âdriven by . . . âeconomic protectionismâthat is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors.â â Department of Revenue of Ky. v. Davis, 553 U. S. 328, 337â338 (quoting New Energy Co. of Ind. v. Limbach, 486 U. S. 269, 273â274). Petitioners here disavow any discrimination-based claim, conceding that Proposition 12 imposes the same burdens on in-state pork producers that it imposes on out-of-state pork producers. Pp 5â8.
â(b) Given petitionersâ concession that Proposition 12 does not implicate the antidiscrimination principle, petitioners first invoke what they call the âextraterritoriality doctrine.â They contend that the Courtâs dormant Commerce Clause cases suggest an additional and âalmost per seâ rule forbidding enforcement of state laws that have the âpractical effect of controlling commerce outside the State,â even when those laws do not purposely discriminate against out-of-state interests.  Petitioners further insist that Proposition 12 offends this âalmost per seâ rule because the law will impose substantial new costs on out-of-state pork producers who wish to sell their products in California. Petitioners contend the rule they propose follows ineluctably from three cases: Healy v. Beer Institute, 491 U. S. 324; Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U. S. 573; and Baldwin v. G. A. F. Seelig, Inc., 294 U. S. 511. But a close look at those cases reveals that each typifies the familiar concern with preventing purposeful discrimination against out-of-state economic interests. In Baldwin, a New York law that barred out-of-state dairy farmers from selling their milk in the State for less than the minimum price New York law guaranteed in-state producers âplainly discriminate[d]â against out-of-staters by âerecting an economic barrier protecting a major local industry against competition from without the State.â Dean Milk Co. v. Madison, 340 U. S. 349, 354 (discussing Baldwin). In Brown-Forman, a New York law that required liquor distillers to affirm that their in-state prices were no higher than their out-of-state prices impermissibly sought to force out-of-state distillers to âsurrenderâ whatever cost advantages they enjoyed against their in-state rivals, which amounted to economic protectionism. 476 U. S., at 580. âThe Court reached a similar conclusion in Healy, which involved a Connecticut law that required out-of-state beer merchants to affirm that their in-state prices were no higher than those they charged in neighboring States. 491 U. S., at 328â330. As the Court later explained, â[t]he essential vice in lawsâ like Connecticutâs is that they âhoardâ commerce âfor the benefit of â in-state merchants and discourage consumers from crossing state lines to make their purchases from nearby out-of-state vendors. C & A Carbone, Inc. v. Clarkstown, 511 U. S. 383, 391â392.
âPetitioners insist that Baldwin, Brown-Forman, and Healy taken together suggest an âalmost per seâ rule against state laws with âextraterritorial effects.â While petitioners point to language in these cases pertaining to the âpractical effectâ of the challenged laws on out-of-state commerce and prices, âthe language of an opinion is not always to be parsed as though we were dealing with language of a statute.â Reiter v. Sonotone Corp., 442 U. S. 330, 341. The language highlighted by petitioners in Baldwin, Brown-Forman, and Healy appeared in a particular context and did particular work. A close look at those cases reveals nothing like the âalmost per seâ rule against laws that have the âpractical effectâ of âcontrollingâ extraterritorial commerce that petitioners posit, and indeed petitionersâ reading would cast a shadow over laws long understood to represent valid exercises of the Statesâ constitutionally reserved powers. Baldwin, Brown-Forman, and Healy did not mean to do so much. In rejecting petitionersâ âalmost per seâ theory  the Court does not mean to trivialize the role territory and sovereign boundaries play in the federal system; the Constitution takes great care to provide rules for fixing and changing state borders. Art. IV, §3, cl. 1. Courts must sometimes referee disputes about where one Stateâs authority ends and anotherâs beginsâboth inside and outside the commercial context. Indeed, the antidiscrimination principle found in the Courtâs dormant Commerce Clause cases may well represent one more effort to mediate competing claims of sovereign authority under our horizontal separation of powers. But none of this means, as petitioners suppose, that any question about the ability of a State to project its power extraterritorially must yield to an âalmost per seâ rule under the dormant Commerce Clause. This Court has never before claimed so much âground for judicial supremacy under the banner of the dormant Commerce Clause.â United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, 550 U. S. 330, 346â347. Pp 8â14.
â(c) Petitioners next point to Pike v. Bruce Church, Inc., 397 U. S. 137, which they assert requires a court to at least assess â âthe burden imposed on interstate commerceâ â by a state law and prevent its enforcement if the lawâs burdens are â âclearly excessive in relation to the putative local benefits.â â Brief for Petitioners 44. Petitioners provide a litany of reasons why they believe the benefits Proposition 12 secures for Californians do not outweigh the costs it imposes on out-of-state economic interests.
âPetitioners overstate the extent to which Pike and its progeny depart from the antidiscrimination rule that lies at the core of the Courtâs dormant Commerce Clause jurisprudence. As this Court has previously explained, âno clear lineâ separates the Pike line of cases from core antidiscrimination precedents. General Motors Corp. v. Tracy, 519 U. S. 278, 298, n. 12. If some cases focus on whether a state law discriminates on its face, the Pike line serves as an important reminder that a lawâs practical effects may also disclose the presence of a discriminatory purpose. Pike itself concerned an Arizona order requiring cantaloupes grown in state to be processed and packed in state. 397 U. S., at 138â140. The Court held that Arizonaâs order violated the dormant Commerce Clause, stressing that even if that order could be fairly characterized as facially neutral, it ârequir[ed] business operations to be performed in [state] that could more efficiently be performed elsewhere.â Id., at 145. The âpractical effect[s]â of the order in operation thus revealed a discriminatory purposeâan effort to insulate in-state processing and packaging businesses from out-of-state competition. Id., at 140. While this Court has left the âcourtroom door openâ to challenges premised on âeven nondiscriminatory burdens,â Davis, 553 U. S., at 353, and while âa small number of our cases have invalidated state laws . . . that appear to have been genuinely nondiscriminatory,â Tracy, 519 U. S., at 298, n. 12, petitionersâ claim about Proposition 12 falls well outside Pikeâs heartland. Pp 15â18.
â(d) The Framers equipped Congress with considerable power to regulate interstate commerce and preempt contrary state laws. See U. S. Const., Art. I, §8, cl. 3; Art. IV, §2. While this Court has inferred an additional judicially enforceable rule against certain state laws adopted even against the backdrop of congressional silence, the Courtâs cases also suggest extreme caution is warranted in its exercise. Disavowing reliance on this Courtâs core dormant Commerce Clause teachings focused on discriminatory state legislation, petitioners invite the Court to endorse new theories of implied judicial power. They would have the Court recognize an âalmost per seâ rule against the enforcement of state laws that have âextraterritorial effectsââeven though it has long recognized that virtually all state laws create ripple effects beyond their borders. Alternatively, they would have the Court prevent a State from regulating the sale of an ordinary consumer good within its own borders on nondiscriminatory termsâeven though the Pike line of cases they invoke has never before yielded such a result. Like the courts that faced this case below, this Court declines both incautious invitations. Pp 27â29.
âJustice Gorsuch, joined by Justice Thomas and Justice Barrett, concluded in Part IVâB that, accepting petitionersâ allegations, the Pike balancing task that they propose in this case is one no court is equipped to undertake. Some out-of-state producers who choose to comply with Proposition 12 may incur new costs, while the law serves moral and health interests of some magnitude for in-state residents. In a functioning democracy, those sorts of policy choicesâbalancing competing, incommensurable goodsâbelong to the people and their elected representatives. Pp 18â21.
âJustice Gorsuch, joined by Justice Thomas, Justice Sotomayor, and Justice Kagan, concluded in Part IVâC that the allegations in the complaint were insufficient as a matter of law to demonstrate a substantial burden on interstate commerce, a showing Pike requires before a court may assess the lawâs competing benefits or weigh the two sides against each other, and that the facts pleaded merely allege harm to some producersâ favored âmethods of operationâ which the Court found insufficient to state a claim in Exxon Corp. v. Governor of Maryland, 437 U. S. 117, 127. Pp 21â25.
âJustice Gorsuch, joined by Justice Thomas and Justice Barrett, concluded in Part IVâD that petitioners have not asked the Court to treat putative harms to out-of-state animal welfare or other noneconomic interests as freestanding harms cognizable under the dormant Commerce Clause, and in any event that the Courtâs decisions authorizing claims alleging âburdens on commerce,â Davis, 553 U. S., at 353,  do not provide judges âa roving licenseâ to reassess the wisdom of state legislation in light of any conceivable out-of-state interest, economic or otherwise. United Haulers, 550 U. S., at 343. Pp 25â27.
âJustice Sotomayor, joined by Justice Kagan, concluded that the judgment should be affirmed, not because courts are incapable of balancing economic burdens against noneconomic benefits as Pike requires or because of any other fundamental reworking of that doctrine, but because petitioners fail to plausibly allege a substantial burden on interstate commerce as required by Pike. Pp 1â3.
âJustice Barrett concluded that the judgment should be affirmed because Pike balancing requires both the benefits and burdens of a State law to be judicially cognizable and comparable, see Department of Revenue of Ky. v. Davis, 553 U. S. 328, 354â355, but the benefits and burdens of Proposition 12 are incommensurable; that said, the complaint plausibly alleges a substantial burden on interstate commerce because Proposition 12âs costs are pervasive, burdensome, and will be felt primarily (but not exclusively) outside California. Pp 1â2.
âGorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II, III, IVâA, and V, in which Thomas, Sotomayor, Kagan, and Barrett, JJ., joined, an opinion with respect to Parts IVâB and IVâD, in which Thomas and Barrett, JJ., joined, and an opinion with respect to Part IVâC, in which Thomas, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part, in which Kagan, J., joined. Barrett, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Alito, Kavanaugh, and Jackson, JJ., joined. Kavanaugh, J., filed an opinion concurring in part and dissenting in part.
TOP
Opinion
NOTICE:âThis opinion is subject to formal revision before publication in the United States Reports.âReaders are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
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No. 21â468
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NATIONAL PORK PRODUCERS COUNCIL, et al., PETITIONERS v. KAREN ROSS, in her official capacity as SECRETARY OF THE CALI- FORNIA DEPARTMENT OF FOOD & AGRICULTURE, et al.
on writ of certiorari to the united states court of appeals for the ninth circuit
âJustice Gorsuch announced the judgment of the Court and delivered the opinion of the Court, except as to Parts IVâB, IVâC, and IVâD.
âWhat goods belong in our stores? Usually, consumer demand and local laws supply some of the answer. Recently, California adopted just such a law banning the in-state sale of certain pork products derived from breeding pigs confined in stalls so small they cannot lie down, stand up, or turn around. In response, two groups of out-of-state pork producers filed this lawsuit, arguing that the law unconstitutionally interferes with their preferred way of doing business in violation of this Courtâs dormant Commerce Clause precedents. Both the district court and court of appeals dismissed the producersâ complaint for failing to state a claim.
âWe affirm. Companies that choose to sell products in various States must normally comply with the laws of those various States. Assuredly, under this Courtâs dormant Commerce Clause decisions, no State may use its laws to  discriminate purposefully against out-of-state economic interests. But the pork producers do not suggest that Californiaâs law offends this principle. Instead, they invite us to fashion two new and more aggressive constitutional restrictions on the ability of States to regulate goods sold within their borders. We decline that invitation. While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list.
I
âModern American grocery stores offer a dizzying array of choice. Often, consumers may choose among eggs that are large, medium, or small; eggs that are white, brown, or some other color; eggs from cage-free chickens or ones raised consistent with organic farming standards. When it comes to meat and fish, the options are no less plentiful. Products may be marketed as free range, wild caught, or graded by quality (prime, choice, select, and beyond). The pork products at issue here, too, sometimes  come with âantibiotic-freeâ and âcrate-freeâ labels. USDA, Report to Congress: Livestock Mandatory Reporting  18 (2018), https://www.ams.usda.gov/sites/default/files/ media/LMR2018ReporttoCongress.pdf. Much of this product differentiation reflects consumer demand, informed by individual taste, health, or moral considerations.
âInformed by similar concerns, States (and their predecessors) have long enacted laws aimed at protecting animal welfare. As far back as 1641, the Massachusetts Bay Colony prohibited âTirranny or Crueltie towards any bruite Creature.â Body of Liberties §92, in A Bibliographical Sketch of the Laws of the Massachusetts Colony 52â53 (1890). Today, Massachusetts prohibits the sale of pork products from breeding pigs (or their offspring) if the breeding pig has been confined âin a manner that prevents [it] from lying down, standing up, fully extending [its] limbs or turning around freely.â Mass. Gen. Laws Ann., ch. 129,  App. §§1â3, 1â5 (Cum. Supp. 2023). Nor is that State alone. Floridaâs Constitution prohibits âany person [from] confin[ing] a pig during pregnancy . . . in such a way that she is prevented from turning around freely.â Art. X, §21(a). Arizona, Maine, Michigan, Oregon, and Rhode Island, too, have laws regulating animal confinement practices within their borders. See Ariz. Rev. Stat. Ann. §13â2910.07(A) (2018); Me. Rev. Stat. Ann., Tit. 7, §§4020(1)â(2) (2018); Mich. Comp. Laws §287.746(2) (West Cum. Supp. 2022); Ore. Rev. Stat. §§600.150(1)â(2) (2021); R. I. Gen. Laws §4â1.1â3 (Supp. 2022).
âThis case involves a challenge to a California law known as Proposition 12. In November 2018 and with the support of about 63% of participating voters, California adopted a ballot initiative that revised the Stateâs existing standards for the in-state sale of eggs and announced new standards for the in-state sale of pork and veal products. App. to Pet. for Cert. 37aâ46a. As relevant here, Proposition 12 forbids the in-state sale of whole pork meat that comes from breeding pigs (or their immediate offspring) that are âconfined in a cruel manner.â Cal. Health & Safety Code Ann. §25990(b)(2) (West Cum. Supp. 2023). Subject to certain exceptions, the law deems confinement âcruelâ if it prevents a pig from âlying down, standing up, fully extending [its] limbs, or turning around freely.â §25991(e)(1). Since Proposition 12âs adoption, the State has begun developing âproposed regulationsâ that would permit compliance âcertification[s]â to be issued âby non-governmental third parties, many used for myriad programs (e.g., âorganicâ) already.â Brief for Intervenor Respondents 30, n. 8.
âA spirited debate preceded the vote on Proposition 12. Proponents observed that, in some farming operations, pregnant pigs remain â[e]ncasedâ for 16 weeks in âfit-to-sizeâ metal crates. M. Scully, A Brief for the Pigs: The Case of National Pork Producers Council v. Ross, National Review, July 11, 2022, https://www.nationalreview.com/2022/Â Â 07/a-brief-for-the-pigs-the-case-of-national-pork-producers-council-v-ross/. These animals may receive their only opportunity for exercise when they are moved to a separate barn to give birth and later returned for another 16 weeks of pregnancy confinementâwith the cycle repeating until the pigs are slaughtered. Ibid. Proponents hoped that Proposition 12 would go a long way toward eliminating pork sourced in this manner âfrom the California marketplace.â A. Padilla, Cal. Secretary of State, California General ElectionâOfficial Voter Information Guide 70 (Nov. 6, 2018) (Voter Guide), https://vig.cdn.sos.ca.gov/2018/general/pdf/Â complete-vig.pdf. Proponents also suggested that the law would have health benefits for consumers because âpacking animals in tiny, filthy cages increases the risk of food poisoning.â Ibid.; see App. to Pet. for Cert. 201aâ202a.
âOpponents pressed their case in strong terms too. They argued that existing farming practices did a better job of protecting animal welfare (for example, by preventing pig-on-pig aggression) and ensuring consumer health (by avoiding contamination) than Proposition 12 would. Id., at 185aâ187a; see also Voter Guide 70â71. They also warned voters that Proposition 12 would require some farmers and processors to incur new costs. Id., at 69. Ones that might be âpassed throughâ to California consumers. Ibid.
âShortly after Proposition 12âs adoption, two organizationsâthe National Pork Producers Council and the American Farm Bureau Federation (collectively, petitioners)âfiled this lawsuit on behalf of their members who raise and process pigs. App. to Pet. for Cert. 154aâ155a. Petitioners alleged that Proposition 12 violates the U. S. Constitution by impermissibly burdening interstate commerce. Id., at 230aâ232a.
âIn support of that legal claim, petitioners pleaded a number of facts. They acknowledged that, in response to consumer demand and the laws of other States, 28% of their  industry has already converted to some form of group housing for pregnant pigs. Id., at 186a. But, petitioners cautioned, even some farmers who already raise group-housed pigs will have to modify their practices if they wish to comply with Proposition 12. Id., at 208aâ209a. Much of pork production today is vertically integrated, too, with farmers selling pigs to large processing firms that turn them into different âcuts of meatâ and distribute the âdifferent parts  . . . all over to completely different end users.â Id., at 334aâ335a. Revising this system to segregate and trace Proposition 12-compliant pork, petitioners alleged, will require certain processing firms to make substantial new capital investments. Id., at 205aâ206a. Ultimately, petitioners estimated that âcompliance with Proposition 12 will increase production costsâ by â9.2% . . . at the farm level.â Id., at 214a. These compliance costs will fall on California and out-of-state producers alike. Ibid. But because California imports almost all the pork it consumes, petitioners emphasized, âthe majorityâ of Proposition 12âs compliance costs will be initially borne by out-of-state firms. Ibid.
âAfter considerable motions practice, the district court held that petitionersâ complaint failed to state a claim as a matter of law and dismissed the case. 456 F. Supp. 3d 1201 (SD Cal. 2020). With Judge Ikuta writing for a unanimous panel, the Ninth Circuit affirmed. 6 F. 4th 1021 (2021). Following that ruling, petitioners sought certiorari and we agreed to consider the complaintâs legal sufficiency for ourselves. 596 U. S. ___ (2022).
II
âThe Constitution vests Congress with the power to âregulate Commerce . . . among the several States.â Art. I, §8, cl. 3. Everyone agrees that Congress may seek to exercise this power to regulate the interstate trade of pork, much as it has done with various other products. Everyone agrees, too, that congressional enactments may preempt conflicting  state laws. See Art. VI, cl. 2. But everyone also agrees that we have nothing like that here. Despite the persistent efforts of certain pork producers, Congress has yet to adopt any statute that might displace Proposition 12 or laws regulating pork production in other States. See, e.g., H. R. 272, 116th Cong., 1st Sess., §2 (2019); H. R. 4879, 115th Cong., 2d Sess., §2(a) (2018); H. R. 3599, 115th Cong., 1st Sess., §2(a) (2017); H. R. 687, 114th Cong., 1st Sess., §2(a) (2015).
âThat has led petitioners to resort to litigation, pinning their hopes on what has come to be called the dormant Commerce Clause. Reading between the Constitutionâs lines, petitioners observe, this Court has held that the Commerce Clause not only vests Congress with the power to regulate interstate trade; the Clause also âcontain[s] a further, negative command,â one effectively forbidding the enforcement of âcertain state [economic regulations] even when Congress has failed to legislate on the subject.â Oklahoma Tax Commân v. Jefferson Lines, Inc., 514 U. S. 175, 179 (1995).
âThis view of the Commerce Clause developed gradually. In Gibbons v. Ogden, Chief Justice Marshall recognized that the Statesâ constitutionally reserved powers enable them to regulate commerce in their own jurisdictions in ways sure to have âa remote and considerable influence on commerceâ in other States. 9 Wheat. 1, 203 (1824). By way of example, he cited â[i]nspection laws, quarantine laws, [and] health laws of every description.â Ibid. At the same time, however, Chief Justice Marshall saw âgreat force in th[e] argumentâ that the Commerce Clause might impliedly bar certain types of state economic regulation. Id., at 209. Decades later, in Cooley v. Board of Wardens of Port of Philadelphia ex rel. Soc. for Relief of Distressed Pilots, this Court again recognized that the power vested in Congress to regulate interstate commerce leaves the States substantial leeway to adopt their own commercial codes. 12 How. 299, 317â321 (1852). But once more, the Court hinted that the Constitution may come with some restrictions on what  âmay be regulated by the Statesâ even âin the absence of all congressional legislation.â Id., at 320.
âEventually, the Court cashed out these warnings, holding that state laws offend the Commerce Clause when they seek to âbuild up . . . domestic commerceâ through âburdens upon the industry and business of other States,â regardless of whether Congress has spoken. Guy v. Baltimore, 100 U. S. 434, 443 (1880). At the same time, though, the Court reiterated that, absent discrimination, âa State may exclude from its territory, or prohibit the sale therein of any articles which, in its judgment, fairly exercised, are prejudicial toâ the interests of its citizens. Ibid.
âToday, this antidiscrimination principle lies at the âvery coreâ of our dormant Commerce Clause jurisprudence. Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U. S. 564, 581 (1997). In its âmodernâ cases, this Court has said that the Commerce Clause prohibits the enforcement of state laws âdriven by . . . âeconomic protectionismâthat is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors.â â Department of Revenue of Ky. v. Davis, 553 U. S. 328, 337â338 (2008) (quoting New Energy Co. of Ind. v. Limbach, 486 U. S. 269, 273â274 (1988)); see also Tennessee Wine and Spirits Retailers Assn. v. Thomas, 588 U. S. ___, ___ (2019) (slip op., at 9) (observing that this Courtâs cases operate principally to âsafeguard against state protectionismâ); Northwest Airlines, Inc. v. County of Kent, 510 U. S. 355, 373, n. 18 (1994) (describing âa violation of the dormant Commerce Clauseâ as âdiscrimination against interstate commerceâ).
âAdmittedly, some âMembers of the Court have authored vigorous and thoughtful critiques of this interpretationâ of the Commerce Clause. Tennessee Wine, 588 U. S., at ___ (slip op., at 7) (citing cases). They have not necessarily quarreled with the antidiscrimination principle. But they have suggested that it may be more appropriately housed  elsewhere in the Constitution. Perhaps in the ImportâExport Clause, which prohibits States from âlay[ing] any Imposts or Duties on Imports or Exportsâ without permission from Congress. Art. I, §10, cl. 2; see Camps Newfound/Owatonna, 520 U. S., at 621â637 (Thomas, J., dissenting). Perhaps in the Privileges and Immunities Clause, which entitles â[t]he Citizens of each Stateâ to âall Privileges and Immunities of Citizens in the several States.â Art. IV, §2; see Tyler Pipe Industries, Inc. v. Washington State Dept. of Revenue, 483 U. S. 232, 265 (1987) (Scalia, J., concurring in part and dissenting in part). Or perhaps the principle inheres in the very structure of the Constitution, which âwas framed upon the theory that the peoples of the several [S]tates must sink or swim together.â American Trucking Assns., Inc. v. Michigan Pub. Serv. Commân, 545 U. S. 429, 433 (2005) (internal quotation marks omitted).
âWhatever one thinks about these critiques, we have no need to engage with any of them to resolve this case. Even under our received dormant Commerce Clause case law, petitioners begin in a tough spot. They do not allege that Californiaâs law seeks to advantage in-state firms or disadvantage out-of-state rivals. In fact, petitioners disavow any discrimination-based claim, conceding that Proposition 12 imposes the same burdens on in-state pork producers that it imposes on out-of-state ones. As petitioners put it, âthe dormant Commerce Clause . . . bar on protectionist state statutes that discriminate against interstate commerce . . . is not in issue here.â Brief for Petitioners 2, n. 2.
III
âHaving conceded that Californiaâs law does not implicate the antidiscrimination principle at the core of this Courtâs dormant Commerce Clause cases, petitioners are left to pursue two more ambitious theories. In the first, petitioners invoke what they call âextraterritoriality doctrine.â Id., at 19. They contend that our dormant Commerce Clause  cases suggest an additional and âalmost per seâ rule forbidding enforcement of state laws that have the âpractical effect of controlling commerce outside the State,â even when those laws do not purposely discriminate against out-of-state economic interests. Ibid. Petitioners further insist that Proposition 12 offends this âalmost per seâ rule because the law will impose substantial new costs on out-of-state pork producers who wish to sell their products in California.
A
âThis argument falters out of the gate. Put aside what problems may attend the minor (factual) premise of this argument. Focus just on the major (legal) premise. Petitioners say the âalmost per seâ rule they propose follows ineluctably from three casesâHealy v. Beer Institute, 491 U. S. 324 (1989); Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U. S. 573 (1986); and Baldwin v. G. A. F. Seelig, Inc., 294 U. S. 511 (1935). A close look at those cases, however, reveals nothing like the rule petitioners posit. Instead, each typifies the familiar concern with preventing purposeful discrimination against out-of-state economic interests.
âStart with Baldwin. There, this Court refused to enforce New York laws that barred out-of-state dairy farmers from selling their milk in the State âunless the price paid toâ them matched the minimum price New York law guaranteed in-state producers. Id., at 519. In that way, the challenged laws deliberately robbed out-of-state dairy farmers of the opportunity to charge lower prices in New York thanks to whatever ânatural competitive advantageâ they might have enjoyed over in-state dairy farmersâfor example, lower cost structures, more productive farming practices, or âlusher pasturage.â D. Regan, The Supreme Court and State Protectionism: Making Sense of the Dormant Commerce Clause, 84 Mich. L. Rev. 1091, 1248 (1986). The problem with New Yorkâs laws was thus a simple one:  They âplainly discriminate[d]â against out-of-staters by âerecting an economic barrier protecting a major local industry against competition from without the State.â Dean Milk Co. v. Madison, 340 U. S. 349, 354 (1951) (discussing Baldwin). Really, the laws operated like âa tariff or customs duty.â West Lynn Creamery, Inc. v. Healy, 512 U. S. 186, 194 (1994); see Baldwin, 294 U. S., at 523 (condemning the challenged laws for seeking to âprotec[t]â New York dairy farmers âagainst competition from withoutâ).
âBrown-Forman and Healy differed from Baldwin only in that they involved price-affirmation, rather than price-fixing, statutes. In Brown-Forman, New York required liquor distillers to affirm (on a monthly basis) that their in-state prices were no higher than their out-of-state prices. 476 U. S., at 576. Once more, the goal was plain: New York sought to force out-of-state distillers to âsurrenderâ whatever cost advantages they enjoyed against their in-state rivals. Id., at 580. Once more, the law amounted to âsimple economic protectionism.â Ibid. (internal quotation marks omitted).
âIn Healy, a Connecticut law required out-of-state beer merchants to affirm that their in-state prices were no higher than those they charged in neighboring States. 491 U. S., at 328â330. Here, too, protectionism took center stage. As the Court later noted, â[t]he essential vice in lawsâ like Connecticutâs is that they âhoardâ commerce âfor the benefit of â in-state merchants and discourage consumers from crossing state lines to make their purchases from nearby out-of-state vendors. C & A Carbone, Inc. v. Clarkstown, 511 U. S. 383, 391â392 (1994). Nor did the law in Healy even try to cloak its discriminatory purpose: âBy its plain terms, the Connecticut affirmation statute applie[d] solely to interstateâ firms, and in that way âclearly discriminate[d] against interstate commerce.â 491 U. S., at 340â341. The Court also worried that, if the Connecticut law  stood, âeach of the border Statesâ could âenac[t] statutes essentially identical to Connecticutâsâ in retaliationâa result often associated with avowedly protectionist economic policies. Id., at 339â340.
B
âPetitioners insist that our reading of these cases misses the forest for the trees. On their account, Baldwin, Brown-Forman, and Healy didnât just find an impermissible discriminatory purpose in the challenged laws; they also suggested an âalmost per seâ rule against state laws with âextraterritorial effects.â Brief for Petitioners 19, 23. In Healy, petitioners stress, the Court included language criticizing New Yorkâs laws for having the â âpractical effectâ â of âcontrol[ling] commerce âoccurring wholly outside the boundaries of [the] State.â â Brief for Petitioners 21, 25 (quoting 491 U. S., at 336). In Brown-Forman, petitioners observe, the Court suggested that whether a state law â âis addressed only to [in-state] sales is irrelevant if the âpractical effectâ of the law is to controlâ â out-of-state prices. Brief for Petitioners 21 (quoting 476 U. S., at 583). Petitioners point to similar language in Baldwin as well. Brief for Petitioners 37 (quoting 294 U. S., at 523â524).
âIn our view, however, petitioners read too much into too little. â[T]he language of an opinion is not always to be parsed as though we were dealing with language of a statute.â Reiter v. Sonotone Corp., 442 U. S. 330, 341 (1979). Instead, we emphasize, our opinions dispose of discrete cases and controversies and they must be read with a careful eye to context. See Cohens v. Virginia, 6 Wheat. 264, 399â400 (1821) (Marshall, C. J.). And when it comes to Baldwin, Brown-Forman, and Healy, the language petitioners highlight appeared in a particular context and did particular work. Throughout, the Court explained that the challenged statutes had a specific impermissible âextraterritorial effectââthey deliberately âprevent[ed out-of-state  firms] from undertaking competitive pricingâ or âdeprive[d] businesses and consumers in other States of âwhatever competitive advantages they may possess.â â Healy, 491 U. S., at 338â339 (quoting Brown-Forman, 476 U. S., at 580).
âIn recognizing this much, we say nothing new. This Court has already described â[t]he rule that was applied in Baldwin and Healyâ as addressing âprice control or price affirmation statutesâ that tied âthe price of . . . in-state products to out-of-state prices.â Pharmaceutical Research and Mfrs. of America v. Walsh, 538 U. S. 644, 669 (2003) (internal quotation marks omitted). Many lower courts have read these decisions in exactly the same way. See, e.g., 6 F. 4th, at 1028â1029; Association for Accessible Medicines v. Frosh, 887 F. 3d 664, 669 (CA4 2018); Energy and Environment Legal Inst. v. Epel, 793 F. 3d 1169, 1174 (CA10 2015); American Beverage Assn. v. Snyder, 735 F. 3d 362, 373 (CA6 2013).
âConsider, too, the strange places petitionersâ alternative interpretation could lead. In our interconnected national marketplace, many (maybe most) state laws have the âpractical effect of controllingâ extraterritorial behavior. State income tax laws lead some individuals and companies to relocate to other jurisdictions. See, e.g., Banner v. United States, 428 F. 3d 303, 310 (CADC 2005) (per curiam). Environmental laws often prove decisive when businesses choose where to manufacture their goods. See American Beverage Assn., 735 F. 3d, at 379 (Sutton, J., concurring). Add to the extraterritorial-effects list all manner of âlibel laws, securities requirements, charitable registration requirements, franchise laws, tort laws,â and plenty else besides. J. Goldsmith & A. Sykes, The Internet and the Dormant Commerce Clause, 110 Yale L. J. 785, 804 (2001). Nor, as we have seen, is this a recent development. Since the founding, States have enacted an âimmense massâ of â[i]nspection laws, quarantine laws, [and] health laws of every descriptionâ that have a âconsiderableâ influence on  commerce outside their borders. Gibbons, 9 Wheat., at 203; see also Cooley, 12 How., at 317â321. Petitionersâ âalmost per seâ rule against laws that have the âpractical effectâ of âcontrollingâ extraterritorial commerce would cast a shadow over laws long understood to represent valid exercises of the Statesâ constitutionally reserved powers. It would provide neither courts nor litigants with meaningful guidance in how to resolve disputes over them. Instead, it would invite endless litigation and inconsistent results. Can anyone really suppose Baldwin, Brown-Forman, and Healy meant to do so much?
âIn rejecting petitionersâ âalmost per seâ theory we do not mean to trivialize the role territory and sovereign boundaries play in our federal system. Certainly, the Constitution takes great care to provide rules for fixing and changing state borders. Art. IV, §3, cl. 1. Doubtless, too, courts must sometimes referee disputes about where one Stateâs authority ends and anotherâs beginsâboth inside and outside the commercial context. In carrying out that task, this Court has recognized the usual âlegislative power of a State to act upon persons and property within the limits of its own territory,â Hoyt v. Sprague, 103 U. S. 613, 630 (1881), a feature of our constitutional order that allows âdifferent communitiesâ to live âwith different local standards,â Sable Communications of Cal., Inc. v. FCC, 492 U. S. 115, 126 (1989). But, by way of example, no one should think that one State may adopt a law exempting securities held by the residents of a second State from taxation in that second State. Bonaparte v. Tax Court, 104 U. S. 592, 592â594 (1882). Nor, we have held, should anyone think one State may prosecute the citizen of another State for acts committed âoutside [the first Stateâs] jurisdictionâ that are not âintended to produce [or that do not] produc[e] detrimental effects within it.â Strassheim v. Daily, 221 U. S. 280, 285 (1911).
âTo resolve disputes about the reach of one Stateâs power,  this Court has long consulted original and historical understandings of the Constitutionâs structure and the principles of âsovereignty and comityâ it embraces. BMW of North America, Inc. v. Gore, 517 U. S. 559, 572 (1996). This Court has invoked as well a number of the Constitutionâs express provisionsâincluding âthe Due Process Clause and the Full Faith and Credit Clause.â Phillips Petroleum Co. v. Shutts, 472 U. S. 797, 818 (1985). The antidiscrimination principle found in our dormant Commerce Clause cases may well represent one more effort to mediate competing claims of sovereign authority under our horizontal separation of powers. But none of this means, as petitioners suppose, that any question about the ability of a State to project its power extraterritorially must yield to an âalmost per seâ rule under the dormant Commerce Clause. This Court has never before claimed so much âground for judicial supremacy under the banner of the dormant Commerce Clause.â United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, 550 U. S. 330, 347 (2007). We see no reason to change course now.1
 IV
âFailing in their first theory, petitioners retreat to a second they associate with Pike v. Bruce Church, Inc., 397 U. S. 137 (1970). Under Pike, they say, a court must at least assess â âthe burden imposed on interstate commerceâ â by a state law and prevent its enforcement if the lawâs burdens are â âclearly excessive in relation to the putative local benefits.â â Brief for Petitioners 44. Petitioners then rattle off a litany of reasons why they believe the benefits Proposition 12 secures for Californians do not outweigh the costs it imposes on out-of-state economic interests. We see problems with this theory too.
A
âIn the first place, petitioners overstate the extent to which Pike and its progeny depart from the antidiscrimination rule that lies at the core of our dormant Commerce Clause jurisprudence. As this Court has previously explained, âno clear lineâ separates the Pike line of cases from our core antidiscrimination precedents. General Motors Corp. v. Tracy, 519 U. S. 278, 298, n. 12 (1997). While many of our dormant Commerce Clause cases have asked whether a law exhibits â âfacial discrimination,â â âseveral cases that have purported to apply [Pike,] including Pike itself,â have âturned in whole or in part on the discriminatory character of the challenged state regulations.â Ibid. In other words, if some of our cases focus on whether a state law discriminates on its face, the Pike line serves as an important reminder that a lawâs practical effects may also disclose the presence of a discriminatory purpose.
âPike itself illustrates the point. That case concerned an  Arizona order requiring cantaloupes grown in state to be processed and packed in state. 397 U. S., at 138â140. The Court held that Arizonaâs order violated the dormant Commerce Clause. Id., at 146. Even if that order could be fairly characterized as facially neutral, the Court stressed that it ârequir[ed] business operations to be performed in [state] that could more efficiently be performed elsewhere.â Id., at 145. The âpractical effect[s]â of the order in operation thus revealed a discriminatory purposeâan effort to insulate in-state processing and packaging businesses from out-of-state competition. Id., at 140, 145.
âOther cases in the Pike line underscore the same message. In Minnesota v. Clover Leaf Creamery Co., the Court found no impermissible burden on interstate commerce because, looking to the lawâs effects, âthere [was] no reason to suspect that the gainersâ would be in-state firms or that âthe losers [would be] out-of-state firms.â 449 U. S. 456, 473 (1981); see also id., at 474â477, and n. 2 (Powell, J., concurring in part and dissenting in part) (asking whether the âactual purpose,â if not the â âavowed purpose,â â of the law was discrimination). Similarly, in Exxon Corp. v. Governor of Maryland, the Court keyed to the fact that the effect of the challenged law was only to shift business from one set of out-of-state suppliers to another. 437 U. S. 117, 127 (1978). And in United Haulers, a plurality upheld the challenged law because it could not âdetectâ any discrimination in favor of in-state businesses or against out-of-state competitors. 550 U. S., at 346. In each of these cases and many more, the presence or absence of discrimination in practice proved decisive.
âOnce again, we say nothing new here. Some time ago, Tracy identified the congruity between our core dormant Commerce Clause precedents and the Pike line. 519 U. S., at 298, n. 12. Many lower courts have done the same. See, e.g., Rosenblatt v. Santa Monica, 940 F. 3d 439, 452 (CA9 2019); Park Pet Shop, Inc. v. Chicago, 872 F. 3d 495, 501  (CA7 2017); Amanda Acquisition Corp. v. Universal Foods Corp., 877 F. 2d 496, 505 (CA7 1989). So have many scholars. See, e.g., R. Fallon, The Dynamic Constitution 311 (2d ed. 2013) (observing that Pike serves to â âsmoke outâ a hiddenâ protectionism); B. Friedman & D. Deacon, A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause, 97 Va. L. Rev. 1877, 1927 (2011); Regan, 84 Mich. L. Rev., at 1286.
âNor does any of this help petitioners in this case. They not only disavow any claim that Proposition 12 discriminates on its face. They nowhere suggest that an examination of Proposition 12âs practical effects in operation would disclose purposeful discrimination against out-of-state businesses. While this Court has left the âcourtroom door openâ to challenges premised on âeven nondiscriminatory burdens,â Davis, 553 U. S., at 353, and while âa small number of our cases have invalidated state laws . . . that appear to have been genuinely nondiscriminatory,â Tracy, 519 U. S., at 298, n. 12,2 petitionersâ claim falls well outside Pikeâs heartland. That is not an auspicious start.
B
âMatters do not improve from there. While Pike has traditionally served as another way to test for purposeful discrimination against out-of-state economic interests, and while some of our cases associated with that line have expressed special concern with certain state regulation of the instrumentalities of interstate transportation, see n. 2, supra, petitioners would have us retool Pike for a much more ambitious project. They urge us to read Pike as authorizing judges to strike down duly enacted state laws regulating the in-state sale of ordinary consumer goods (like pork) based on nothing more than their own assessment of the relevant lawâs âcostsâ and âbenefits.â
âThat we can hardly do. Whatever other judicial authorities the Commerce Clause may imply, that kind of freewheeling power is not among them. Petitioners point to nothing in the Constitutionâs text or history that supports such a project. And our cases have expressly cautioned against judges using the dormant Commerce Clause as âa roving license for federal courts to decide what activities are appropriate for state and local government to undertake.â United Haulers, 550 U. S., at 343. While â[t]here was a time when this Court presumed to make such binding judgments for society, under the guise of interpreting the Due Process Clause,â we have long refused pleas like petitionersâ âto reclaim that groundâ in the name of the dormant Commerce Clause. Id., at 347.
âNot only is the task petitioners propose one the Commerce Clause does not authorize judges to undertake. This Court has also recognized that judges often are ânot institutionally suited to draw reliable conclusions of the kind  that would be necessary . . . to satisfy [the] Pikeâ test as petitioners conceive it. Davis, 553 U. S., at 353.
âOur case illustrates the problem. On the âcostâ side of the ledger, petitioners allege they will face increased production expenses because of Proposition 12. On the âbenefitsâ side, petitioners acknowledge that Californians voted for Proposition 12 to vindicate a variety of interests, many noneconomic. See App. to Pet. for Cert. 192a (alleging in their complaint that âProposition 12âs requirements were driven by [a] conception of what qualifies as âcruelâ animal housingâ and by the Stateâs concern for the â âhealth and safety of California consumersâ â). How is a court supposed to compare or weigh economic costs (to some) against noneconomic benefits (to others)? No neutral legal rule guides the way. The competing goods before us are insusceptible to resolution by reference to any juridical principle. Really, the task is like being asked to decide âwhether a particular line is longer than a particular rock is heavy.â Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U. S. 888, 897 (1988) (Scalia, J., concurring in judgment).
âFaced with this problem, petitioners reply that we should heavily discount the benefits of Proposition 12. They say that California has little interest in protecting the welfare of animals raised elsewhere and the lawâs health benefits are overblown. But along the way, petitioners offer notable concessions too. They acknowledge that States may sometimes ban the in-state sale of products they deem unethical or immoral without regard to where those products are made (for example, goods manufactured with child labor). See Tr. of Oral Arg. 51 (â[A] state is perfectly entitled to enforce its morals in stateâ); see also Western Union Telegraph Co. v. James, 162 U. S. 650, 653 (1896) (holding that States may enact laws to âpromote . . . public moralsâ). And, at least arguably, Proposition 12 works in just this wayâbanning from the State all whole pork products derived from practices its voters consider âcruel.â Petitioners  also concede that States may often adopt laws addressing even âimperfectly understoodâ health risks associated with goods sold within their borders. Reply Brief 13. And, again, no one disputes that some who voted for Proposition 12 may have done so with just that sort of goal in mind. See, e.g., USDA Proposed Rule To Amend Organic Livestock and Poultry Production Requirements, 87 Fed. Reg. 48565 (2022) (affording animals more space âmay result in healthier livestock products for human consumptionâ).
âSo even accepting everything petitioners say, we remain left with a task no court is equipped to undertake. On the one hand, some out-of-state producers who choose to comply with Proposition 12 may incur new costs. On the other hand, the law serves moral and health interests of some (disputable) magnitude for in-state residents. Some might reasonably find one set of concerns more compelling. Others might fairly disagree. How should we settle that dispute? The competing goods are incommensurable. Your guess is as good as ours.
âMore accurately, your guess is better than ours. In a functioning democracy, policy choices like these usually belong to the people and their elected representatives. They are entitled to weigh the relevant âpolitical and economicâ costs and benefits for themselves, Moorman Mfg. Co. v. Bair, 437 U. S. 267, 279 (1978), and âtry novel social and economic experimentsâ if they wish, New State Ice Co. v. Liebmann, 285 U. S. 262, 311 (1932) (Brandeis, J., dissenting). Judges cannot displace the cost-benefit analyses embodied in democratically adopted legislation guided by nothing more than their own faith in âMr. Herbert Spencerâs Social Statics,â Lochner v. New York, 198 U. S. 45, 75 (1905) (Holmes, J., dissenting)âor, for that matter, Mr. Wilson Pondâs Pork Production Systems, see W. Pond, J. Maner, & D. Harris, Pork Production Systems: Efficient Use of Swine and Feed Resources (1991).
âIf, as petitioners insist, Californiaâs law really does  threaten a âmassiveâ disruption of the pork industry, see Brief for Petitioners 2, 4, 19âif pig husbandry really does â âimperatively demandâ â a single uniform nationwide rule, id., at 27âthey are free to petition Congress to intervene. Under the (wakeful) Commerce Clause, that body enjoys the power to adopt federal legislation that may preempt conflicting state laws. That body is better equipped than this Court to identify and assess all the pertinent economic and political interests at play across the country. And that body is certainly better positioned to claim democratic support for any policy choice it may make. But so far, Congress has declined the producersâ sustained entreaties for new legislation. See Part I, supra (citing failed efforts). And with that history in mind, it is hard not to wonder whether petitioners have ventured here only because winning a majority of a handful of judges may seem easier than marshaling a majority of elected representatives across the street.
C
âEven as petitioners conceive Pike, they face a problem. As they read it, Pike requires a plaintiff to plead facts plausibly showing that a challenged law imposes âsubstantial burdensâ on interstate commerce before a court may assess the lawâs competing benefits or weigh the two sides against each other. Brief for Petitioners 44. And, tellingly, the complaint before us fails to clear even that bar.
âTo appreciate petitionersâ problem, compare our case to Exxon. That case involved a Maryland law prohibiting petroleum producers from operating retail gas stations in the State. 437 U. S., at 119â121, and n. 1. Because Maryland had no in-state petroleum producers, Exxon argued, the lawâs âdivestiture requirementsâ fell âsolely on interstate companiesâ and threatened to force some to âwithdraw entirely from the Maryland marketâ or incur new costs to serve that market. Id., at 125â127. All this, the company said, amounted to a violation of the dormant Commerce  Clause.
âThis Court found the allegations in Exxonâs complaint insufficient as a matter of law to demonstrate a substantial burden on interstate commerce. Without question, Marylandâs law favored one business structure (independent gas station retailers) over another (vertically integrated production and retail firms). Ibid. The law also promised to increase retail gas prices for Maryland consumers, allowing some to question its âwisdom.â Id., at 124, 128. But, the Court found, Exxon failed to plead facts leading, âeither logically or as a practical matter, to [the] conclusion that the State [was] discriminating against interstate commerce.â Id., at 125. The company failed to do so because, on its face, Marylandâs law welcomed competition from interstate retail gas station chains that did not produce petroleum. Id., at 125â126. And as far as anyone could tell, the lawâs âpractical effectâ wasnât to protect in-state producers; it was to shift market share from one set of out-of-state firms (vertically integrated businesses) to another (retail gas station firms). Id., at 125, 127. This Court squarely rejected the view that this predicted â âchange [in] the market structureâ â would âimpermissibly burde[n] interstate commerce.â Id., at 127. If the dormant Commerce Clause protects the âinterstate market . . . from prohibitive or burdensome regulations,â the Court held, it does not protect âparticular . . . firmsâ or âparticular structure[s] or methods of operation.â Id., at 127â128.
âIf Marylandâs law did not impose a sufficient burden on interstate commerce to warrant further scrutiny, the same must be said for Proposition 12. In Exxon, vertically integrated businesses faced a choice: They could divest their production capacities or withdraw from the local retail market. Here, farmers and vertically integrated processors have at least as much choice: They may provide all their pigs the space the law requires; they may segregate their operations to ensure pork products entering California  meet its standards; or they may withdraw from that Stateâs market. In Exxon, the law posed a choice only for out-of-state firms. Here, the law presents a choice primarilyâbut not exclusivelyâfor out-of-state businesses; California does have some pork producers affected by Proposition 12. See App. to Pet. for Cert. 205a. In Exxon, as far as anyone could tell, the law threatened only to shift market share from one set of out-of-state firms to another. Here, the pleadings allow for the same possibilityâthat California market share previously enjoyed by one group of profit-seeking, out-of-state businesses (farmers who stringently confine pigs and processors who decline to segregate their products) will be replaced by another (those who raise and trace Proposition 12-compliant pork). In both cases, some may question the âwisdomâ of a law that threatens to disrupt the existing practices of some industry participants and may lead to higher consumer prices. 437 U. S., at 128. But the dormant Commerce Clause does not protect a âparticular structure or metho[d] of operation.â Id., at 127. That goes for pigs no less than gas stations.
âThink of it another way. Petitioners must plead facts âplausiblyâ suggesting a substantial harm to interstate commerce; facts that render that outcome a âspeculativeâ possibility are not enough. Bell Atlantic Corp. v. Twombly, 550 U. S. 544, 555, 557 (2007). In an effort to meet this standard, petitioners allege facts suggesting that certain out-of-state farmers and processing firms will find it difficult to comply with Proposition 12 and may choose not to do so. See App. to Pet. for Cert. 198a, 208a, 313a. But the complaint also acknowledges that many producers have already converted to some form of group housing, even if they have not all yet met Proposition 12âs standards. Id., at 186a. From these facts, the complaint plausibly alleges that some out-of-state firms may face difficulty complying (or may choose not to comply) with Proposition 12. But from all anyone can tell, other out-of-state competitors seeking to  enhance their own profits may choose to modify their existing operations or create new ones to fill the void.3
âOf course, as the complaint alleges, a shift from one set of production methods to another promises some costs. Id., at 214a. But the complaint concedes that complying producers will be able to âpas[s] alongâ at least âsomeâ of their increased costs to consumers. Id., at 178a. And no one thinks that costs ultimately borne by in-state consumers thanks to a law they adopted counts as a cognizable harm under our dormant Commerce Clause precedents. See United Haulers, 550 U. S., at 345 (holding that the dormant Commerce Clause is not offended by higher prices âlikely to fall upon the very people who voted for the [challenged] la[w]â). Nor does the complaint allege facts plausibly suggesting that out-of-state consumers indifferent to pork production methods will have to pick up the tab (let alone explain how petitioners might sue to vindicate their interests). Instead, at least one declaration incorporated by reference into the complaint avers that some out-of-state consumers will ânot value these changes and will not pay an increased price.â  App. to Pet. for Cert. 335a; see also Brief for Agricultural and Resource Economics Professors as Amici Curiae 15, 23 (suggesting negligible effect on out-of-state prices for consumers not interested in Proposition 12-compliant pork). Further experience may yield further facts. But the facts pleaded in this complaint merely allege harm to some producersâ favored âmethods of operation.â Exxon, 437 U. S., at 127. A substantial harm to interstate commerce remains nothing more than a speculative possibility. Ibid.
D
âThe Chief Justiceâs concurrence in part and dissent in part (call it âthe lead dissentâ) offers a contrasting view. Correctly, it begins by rejecting petitionersâ âalmost per seâ rule against laws with extraterritorial effects. Post, at 1. And correctly, it disapproves reading Pike to endorse a âfreewheeling judicial weighing of benefits and burdens.â Post, at 2. But for all it gets right, in other respects it goes astray. In places, the lead dissent seems to advance a reading of Pike that would permit judges to enjoin the enforcement of any state law restricting the sale of an ordinary consumer good if the law threatens an â âexcessiveâ â âhar[m] to the interstate marketâ for that good. Post, at 4â9. It is an approach that would go much further than our precedents permit. So much further, in fact, that it isnât clear what separates the lead dissentâs approach from others it purports to reject.
âConsider an example. Today, many States prohibit the sale of horsemeat for human consumption. See Cavel Intâl, Inc. v. Madigan, 500 F. 3d 551, 552â555 (CA7 2007). But these prohibitions âhar[m] the interstate marketâ for horsemeat by denying outlets for its sale. Not only that, they distort the market for animal products more generally by pressuring horsemeat manufacturers to transition to different products, ones they can lawfully sell nationwide. Under the lead dissentâs test, all it would take is one complaint  from an unhappy out-of-state producer andâprestoâthe Constitution would protect the sale of horsemeat. Just find a judge anywhere in the country who considers the burden to producers âexcessive.â Post, at 9. The same would go for all manner of consumer products currently banned by some States but not by othersâgoods ranging from fireworks, see, e.g., Mass. Gen. Laws Ann., ch. 148, §39 (2020), to single-use plastic grocery bags, see, e.g., Me. Rev. Stat. Ann., Tit. 38, §§1611(2)(A), (4) (2022). Rather than respecting federalism, a rule like that would require any consumer good available for sale in one State to be made available in every State. In the process, it would essentially replicate under Pikeâs banner petitionersâ âalmost per seâ rule against state laws with extraterritorial effects.
âSeeking a way around that problem, the lead dissent stumbles into another. It suggests that the burdens of Proposition 12 are particularly âsubstantialâ because Californiaâs law âcarr[ies] implications for producers as far flung as Indiana and North Carolina.â Post, at 7â10. Why is that so? Justice Kavanaughâs solo concurrence in part and dissent in part says the quiet part aloud: Californiaâs market is so lucrative that almost any in-state measure will influence how out-of-state profit-maximizing firms choose to operate. Post, at 4â5. But if that makes all the difference, it means voters in States with smaller markets are constitutionally entitled to greater authority to regulate in-state sales than voters in States with larger markets. So much for the Constitutionâs âfundamental principle of equal sovereignty among the States.â Shelby County v. Holder, 570 U. S. 529, 544 (2013) (internal quotation marks omitted).
âThe most striking feature of both dissents, however, may be another one. They suggest that, in assessing a state lawâs burdens under Pike, courts should take into account not just economic harms but also all manner of âderivative harmsâ to out-of-state interests. Post, at 5â6 (opinion of Roberts, C. J.). These include social costs that are âdifficult to quantifyâ such as (in this case) costs to the ânational pig population,â âanimal husbandryâ traditions, and (again) âindustry practice.â Post, at 6â9; see also post, at 3â5 (opinion of Kavanaugh, J.). But not even petitioners read Pike so boldly. While petitioners argue that Proposition 12 does not benefit pigs (as California has asserted), they have not asked this Court (or any court) to treat putative harms to out-of-state animal welfare or other noneconomic interests as freestanding harms cognizable under the dormant Commerce Clause. Nor could they have proceeded otherwise. Our decisions have authorized claims alleging âburdens on commerce.â Davis, 553 U. S., at 353. They do not provide judges âa roving licenseâ to reassess the wisdom of state legislation in light of any conceivable out-of-state interest, economic or otherwise. United Haulers, 550 U. S., at 343.4
V
âBefore the Constitutionâs passage, Rhode Island imposed special taxes on imported âNew-England Rumâ; Connecticut levied duties on goods âbrought into th[e] State, by Land  or Water, from any of the United States of Americaâ; and Virginia taxed âvessels coming within th[e S]tate from any of the United States.â An Act Laying Certain Duties of Excise Upon Certain Articles, Feb. 24, 1783 R. I. Acts and Resolves 45; An Act for Levying and Collecting a Duty on Certain Articles of Goods, Wares and Merchandize Imported into this State, by Land or Water, 1784 Conn. Acts and Laws 271; An Act to Amend the Act for Ascertaining Certain Taxes and Duties, and for Establishing a Permanent Revenue (May 6, 1782), in 11 Statues at Large, Laws of Virginia 70 (W. Hening ed. 1823).
âWhether moved by this experience or merely worried that more States might join the bandwagon, the Framers equipped Congress with considerable power to regulate interstate commerce and preempt contrary state laws. See U. S. Const., Art. I, §8, cl. 3; Art. IV, §2; see also Regan, 84 Mich. L. Rev., at 1114, n. 55; A. Abel, The Commerce Clause in the Constitutional Convention and in Contemporary Comment, 25 Minn. L. Rev. 432, 448â449 (1941). In the years since, this Court has inferred an additional judicially enforceable rule against certain, especially discriminatory, state laws adopted even against the backdrop of congressional silence. But â âextreme cautionâ â is warranted before a court deploys this implied authority. Tracy, 519 U. S., at 310 (quoting Northwest Airlines, Inc. v. Minnesota, 322 U. S. 292, 302 (1944) (Black, J., concurring)). Preventing state officials from enforcing a democratically adopted state law in the name of the dormant Commerce Clause is a matter of âextreme delicacy,â something courts should do only âwhere the infraction is clear.â Conway v. Taylorâs Executor, 1 Black 603, 634 (1862).
âPetitioners would have us cast aside caution for boldness. They have failedârepeatedlyâto persuade Congress to use its express Commerce Clause authority to adopt a uniform rule for pork production. And they disavow any reliance on  this Courtâs core dormant Commerce Clause teachings focused on discriminatory state legislation. Instead, petitioners invite us to endorse two new theories of implied judicial power. They would have us recognize an âalmost per seâ rule against the enforcement of state laws that have âextraterritorial effectsââeven though this Court has recognized since Gibbons that virtually all state laws create ripple effects beyond their borders. Alternatively, they would have us prevent a State from regulating the sale of an ordinary consumer good within its own borders on nondiscriminatory termsâeven though the Pike line of cases they invoke has never before yielded such a result. Like the courts that faced this case before us, we decline both of petitionersâ incautious invitations.
âThe judgment of the Ninth Circuit is
Affirmed.
Notes
1  Beyond Baldwin, Brown-Forman, and Healy, petitioners point to Edgar v. MITE Corp., 457 U. S. 624 (1982), as authority for the âalmost per seâ rule they propose. Invoking the dormant Commerce Clause, a plurality in that case declined to enforce an Illinois securities law that âdirectly regulate[d] transactions which [took] place . . . wholly outside the Stateâ and involved individuals âhaving no connection with Illinois.â Id., at 641â643 (emphasis added). Some have questioned whether the state law at issue in Edgar posed a dormant Commerce Clause question as much as one testing the territorial limits of state authority under the Constitutionâs horizontal separation of powers. See, e.g., D. Regan, Siamese Essays: (I) CTS Corp. v. Dynamics Corp. of America and Dormant Commerce Clause Doctrine; (II) Extraterritorial State Legislation, 85 Mich. L. Rev. 1865, 1875â1880, 1897â1902 (1987); cf. Shelby County v. Holder, 570 U. S. 529, 535 (2013) (â[A]ll States enjoy equal sovereigntyâ). But either way, the Edgar plurality opinion does not support the rule petitioners propose. That decision spoke to a law that directly regulated out- of-state transactions by those with no connection to the State. Petitioners do not allege those conditions exist here. To the contrary, they acknowledge that Proposition 12 regulates only products that companies choose to sell âwithinâ California. Cal. Health & Safety Code Ann. §25990(b).
2  Most notably, Tracy referred to, and petitioners briefly allude to, a line of cases that originated before Pike in which this Court refused to enforce certain state regulations on instrumentalities of interstate transportationâtrucks, trains, and the like. See, e.g., Bibb v. Navajo Freight Lines, Inc., 359 U. S. 520, 523â530 (1959) (concerning a state law specifying certain mud flaps for trucks and trailers); Southern Pacific Co. v. Arizona ex rel. Sullivan, 325 U. S. 761, 763â782 (1945) (addressing a state law regarding the length of trains). Petitioners claim these cases support something like the extraterritoriality or balancing rules they propose. But at least some decisions in this line might be viewed as condemning state laws that âalthough neutral on their face . . . were enacted at the instance of, and primarily benefit,â in-state interests. Raymond Motor Transp., Inc. v. Rice, 434 U. S. 429, 447 (1978); see also B. Friedman & D. Deacon, A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause, 97 Va. L. Rev. 1877, 1927 (2011). In any event, this Court âhas only rarely held that the Commerce Clause itself pre-empts an entire field from state regulation, and then only when a lack of national uniformity would impede the flow of interstate goods.â  Exxon Corp. v. Governor of Maryland, 437 U. S. 117, 128 (1978) (emphasis added). Nothing like that exists here. We do not face a law that impedes the flow of commerce. Pigs are not trucks or trains.
3  Though it is unnecessary to adorn the point, we note that a number of smaller out-of-state pork producers have filed an amicus brief in this Court hailing the âopportunitiesâ Proposition 12 affords them to compete with vertically integrated firms with â âconcentrated market powerâ â that are wedded to their existing processing practices. Brief for Small and Independent Farming Businesses et al. as Amici Curiae 1, 12, 19â20. Other amici have noted that even some large vertically integrated processing firms have already begun to modify (or else have indicated their intention to modify) their operations to comply with Proposition 12. See Brief for Perdue Premium Meat Co., Inc., as Amicus Curiae 3â7; see also Brief for Economic Research Organizations as Amici Curiae 16â17 (reciting public statements from Hormel, Smithfield, and Tyson). Another large processing firm, Cargill, has boasted that, â â[b]efore we sold our pork business in 2015, we led the industry in removing gestation stalls to house pregnant sows.â â Id., at 16. Petitioner National Pork Producers Council lists Cargill as an âallied industry compan[y].â National Pork Producers Council, Pork Alliance Program, https://nppc.org/get-involved/join-the-pork-alliance/.
4  Both dissents seek to characterize todayâs decision as âfracturedâ in an effort to advance their own overbroad readings of Pike and layer their own gloss on opinions they do not join. Post, at 1, 8 (opinion of Kavanaugh, J.); see also post at 2â4, 8â10 (opinion of Roberts, C. J.). But the dissents are just thatâdissents. Their glosses do not speak for the Court. Today, the Court unanimously disavows petitionersâ âalmost per seâ rule against laws with extraterritorial effects. See Parts II and III, supra. When it comes to Pike, a majority agrees that heartland Pike cases seek to smoke out purposeful discrimination in state laws (as illuminated by those lawsâ practical effects) or seek to protect the instrumentalities of interstate transportation. See Part IVâA, supra. A majority also rejects any effort to expand Pikeâs domain to cover cases like this one, some of us for reasons found in Part IVâB, others of us for reasons discussed in Part IVâC. Todayâs decision depends equally on the analysis found in both of these sections; without either, there is no explaining the Courtâs judgment affirming the decision below. A majority also subscribes to what follows in Part V.
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Concurrence
SUPREME COURT OF THE UNITED STATES
_________________
No. 21â468
_________________
NATIONAL PORK PRODUCERS COUNCIL, et al., PETITIONERS v. KAREN ROSS, in her official capacity as SECRETARY OF THE CALI- FORNIA DEPARTMENT OF FOOD & AGRICULTURE, et al.
on writ of certiorari to the united states court of appeals for the ninth circuit
âJustice Sotomayor, with whom Justice Kagan joins, concurring in part.
âI join all but Parts IVâB and IVâD of Justice Gorsuchâs opinion. Given the fractured nature of Part IV, I write separately to clarify my understanding of why petitionersâ Pike claim fails. In short, I vote to affirm the judgment because petitioners fail to allege a substantial burden on interstate commerce as required by Pike, not because of any fundamental reworking of that doctrine.
*ââ*ââ*
âIn Pike v. Bruce Church, Inc., 397 U. S. 137 (1970), the Court distilled a general principle from its prior cases. âWhere [a] statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits.â Id., at 142. Further, âthe extent of the burden that will be tolerated will of course depend on the nature of the local interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities.â Ibid.
 âAs the Courtâs opinion here explains, Pikeâs balancing and tailoring principles are most frequently deployed to detect the presence or absence of latent economic protectionism. See ante, at 15â18. That is no surprise. Warding off state discrimination against interstate commerce is at the heart of our dormant Commerce Clause jurisprudence. See ante, at 7, 9â11, 15â16.
âAs the Courtâs opinion also acknowledges, however, the Court has âgenerally le[ft] the courtroom door openâ to claims premised on âeven nondiscriminatory burdens.â Department of Revenue of Ky. v. Davis, 553 U. S. 328, 353 (2008); see ante, at 17. Indeed, âa small numberâ of this Courtâs cases in the Pike line âhave invalidated state laws . . . that appear to have been genuinely nondiscriminatoryâ in nature. General Motors Corp. v. Tracy, 519 U. S. 278, 298, n. 12 (1997); see ante, at 17. Often, such cases have addressed state laws that impose burdens on the arteries of commerce, on âtrucks, trains, and the like.â Ibid., n. 2. Yet, there is at least one exception to that tradition. See Edgar v. MITE Corp., 457 U. S. 624, 643â646 (1982) (invalidating a nondiscriminatory state law that regulated tender offers to shareholders).
âPike claims that do not allege discrimination or a burden on an artery of commerce are further from Pikeâs core. As The Chief Justice recognizes, however, the Court today does not shut the door on all such Pike claims. See ante, at 17â18, and n. 2; post, at 2â3. Thus, petitionersâ failure to allege discrimination or an impact on the instrumentalities of commerce does not doom their Pike claim.
âNor does a majority of the Court endorse the view that judges are not up to the task that Pike prescribes. Justice Gorsuch, for a plurality, concludes that petitionersâ Pike claim fails because courts are incapable of balancing economic burdens against noneconomic benefits. See ante, at 18â21. I do not join that portion of Justice Gorsuchâs  opinion. I acknowledge that the inquiry is difficult and delicate, and federal courts are well advised to approach the matter with caution. See ante, at 28. Yet, I agree with The Chief Justice that courts generally are able to weigh disparate burdens and benefits against each other, and that they are called on to do so in other areas of the law with some frequency. See post, at 3â4. The means-ends tailoring analysis that Pike incorporates is likewise familiar to courts and does not raise the asserted incommensurability problems that trouble Justice Gorsuch.
âIn my view, and as Justice Gorsuch concludes for a separate plurality of the Court, petitionersâ Pike claim fails for a much narrower reason. Reading petitionersâ allegations in light of the Courtâs decision in Exxon Corp. v. Governor of Maryland, 437 U. S. 117 (1978), the complaint fails to allege a substantial burden on interstate commerce. See ante, at 21â25. Alleging a substantial burden on interstate commerce is a threshold requirement that plaintiffs must satisfy before courts need even engage in Pikeâs balancing and tailoring analyses. Because petitioners have not done so, they fail to state a Pike claim.
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Concurrence
SUPREME COURT OF THE UNITED STATES
_________________
No. 21â468
_________________
NATIONAL PORK PRODUCERS COUNCIL, et al., PETITIONERS v. KAREN ROSS, in her official capacity as SECRETARY OF THE CALI- FORNIA DEPARTMENT OF FOOD & AGRICULTURE, et al.
on writ of certiorari to the united states court of appeals for the ninth circuit
âJustice Barrett, concurring in part.
âA state law that burdens interstate commerce in clear excess of its putative local benefits flunks Pike balancing. Pike v. Bruce Church, Inc., 397 U. S. 137, 142 (1970). In most cases, Pikeâs âgeneral ruleâ reflects a commonsense principle: Where thereâs smoke, thereâs fire. Ibid. Under our dormant Commerce Clause jurisprudence, one State may not discriminate against anotherâs producers or consumers. A law whose burdens fall incommensurately and inexplicably on out-of-state interests may be doing just that.
âBut to weigh benefits and burdens, it is axiomatic that both must be judicially cognizable and comparable. See Department of Revenue of Ky. v. Davis, 553 U. S. 328, 354â355 (2008). I agree with Justice Gorsuch that the benefits and burdens of Proposition 12 are incommensurable. Californiaâs interest in eliminating allegedly inhumane products from its markets cannot be weighed on a scale opposite dollars and centsâat least not without second-guessing the moral judgments of California voters or making the kind of policy decisions reserved for politicians. Ante, at 18â21; Davis, 553 U. S., at 360 (Scalia, J., concurring in part). None  of our Pike precedents requires us to attempt such a feat.
âThat said, I disagree with my colleagues who would hold that petitioners have failed to allege a substantial burden on interstate commerce. Ante, at 21â25; ante, at 3 (Sotomayor, J., concurring in part). The complaint plausibly alleges that Proposition 12âs costs are pervasive, burdensome, and will be felt primarily (but not exclusively) outside California. See post, at 6â7 (Roberts, C. J., concurring in part and dissenting in part). For this reason, I do not join Part IVâC of Justice Gorsuchâs opinion. If the burdens and benefits were capable of judicial balancing, I would permit petitioners to proceed with their Pike claim.