In a momentous decision, the United States Supreme Court has upheld the Ninth Circuit's dismissal of National Pork Producers Council v. Ross, a case that challenged California's Proposition 12. This proposition ensures that pigs raised for products sold within the state have the freedom to lie down, stand up, turn around, and fully extend their limbs. This landmark victory marks a significant step forward for the protection of farmed animals, opening the path for the welfare of billions of animals raised and slaughtered for food each year in the U.S. to be considered.
The Vermont Law and Graduate School‘s (VLGS) Animal Law and Policy Institute’s (ALPI) faculty, staff, and students have eagerly anticipated this ruling. We have been actively engaged in various efforts to shape public understanding about this crucial case and its profound implications for farmed animal protection.
Professor Laura Fox (JD/MELP’13), Director of VLGS's Farmed Animal Advocacy Clinic—the world’s only clinic of its kind— was instrumental in achieving intervenor status for leading organizations like the Humane Society of the United States, Animal Legal Defense Fund, and Animal Outlook. These organizations worked alongside California to defend this pivotal law over the various stages of litigation from district court through the Supreme Court.
In addition, last year, our very own Professor Pamela Vesilind (JD’08), along with student Bailey Soderberg (JD/MELP’23), featured this case on the Vermont Journal of Environmental Law's Top 10 Environmental Watch List, which highlights the most pressing environmental law and policy issues. Further, Professor Vesilind presented on "The Legal Significance of the Challenge to California’s Prop 12" at the Animal Legal Defense Fund's Animal Law Symposium. VLGS students enrolled in Professor Vesilind’s classes on Constitutional Animal Law and Law of Animals in Agriculture got to delve even deeper into the case.
In the media sphere, ALPI Director, Professor Delcianna Winders, was quoted in National Geographic's inaugural feature on a farmed animal issue, titled "California Voted to Improve Pig Welfare. The Pork Industry Is Facing a Reckoning." She was also featured in the Civil Eats piece, "Next on the Supreme Court Docket: Farm Animal Welfare." Additionally, Professor Winders authored a blog, "Survey Says … Californians Can Have Their Pork and Let Pigs Move," which was subsequently referenced by intervenors in their U.S. Supreme Court brief.
At VLGS, our students are offered the unique opportunity to partake in the only clinic devoted to farmed animal advocacy. In the FAAC, students spearhead real-world animal advocacy efforts that span litigation, legislation, and strategic policy advising. Our students play a significant role in shaping farmed animal policy and legislation, making a real difference in the lives of these animals and raising awareness about their circumstances. Given today's ruling, there's never been a more opportune time to champion the cause of farmed animals.
Media updates
Professor Fox was quoted in Fern's Ag Insider's article, "Supreme Court upholds animal welfare law in blow to pork industry" stating:
"This important decision paves the way for the billions of animals raised and slaughtered for food every year in the U.S. to have their welfare take into account, despite the total lack of federal laws protecting animals in factory farms." Adding, "In a legal system that still views animals as property, it's remarkablethat the highest court in the land has acknowledged that '[p]igs are not trucks or trains[.] It suggests that there may be a shift on the horizon towards legal recognition of animal interests."
Professor Fox was also featured in a live interview with Unchained TV.