Supreme Court of the United States

National Pork Producers Council v Ross, No. 21-468 (U.S. 2023)

Docket
21-468
Decided
Case sections

Newest first

Case timeline

  1. Judgment issued. Main Document

  2. Adjudged to be AffirmedThe reviewing court left the lower decision in place.Learn more about affirmed →. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II, III, IV–A, and V, in which Thomas, Sotomayor, Kagan, and Barrett, JJ., joined, an opinion with respect to Parts IV–B and IV–D, in which Thomas and Barrett, JJ., joined, and an opinion with respect to Part IV–C, 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.

  3. Argued. For petitioners: Timothy S. Bishop, Chicago, Ill.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as Amicus curiaeA nonparty permitted to offer information or argument to assist the court.Learn more about amicus curiae →.) For state respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal. For Humane Society of the United States, et al. respondents: Jeffrey A. Lamken, Washington, D. C.

  4. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, 25 minutes for the state respondents, and 10 minutes for The Humane Society of the United States, et al. respondents.

  5. Motion for divided argument filed by respondents GRANTED.

  6. Motion for leave to file respondents' brief on the merits out of time GRANTED.

  7. Reply of petitioners National Pork Producers Council, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  8. Brief amici curiae of Constitutional Law Scholars filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  9. Brief amicus curiae of ButcherBox filed. (Distributed) Main Document Proof of Service Certificate of Word Count

  10. Brief amicus curiae of Association of California Egg Farmers filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  11. Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  12. Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  13. Brief amicus curiae of Northeast Organic Dairy Producers Alliance filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  14. Brief amicus curiae of Physicians Committee For Responsible Medicine filed. (Distributed) Main Document Proof of Service Certificate of Word Count

  15. Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  16. Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed) Main Document Proof of Service Certificate of Word Count

  17. Brief amici curiae of Federalism Scholars filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  18. Brief amicus curiae of Public Citizen filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  19. Brief amici curiae of American Public Health Association, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  20. Brief amici curiae of Economic Research Organizations filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  21. Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  22. Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  23. Brief amicus curiae of United States Senator Cory Booker filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  24. Brief amici curiae of National League for Cities, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  25. Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  26. Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  27. Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  28. Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  29. Brief amici curiae of Donald Broom, Elena Contreras, Gwendolen Reyes-Illg, James Reynolds, and 374 Additional Animal-Welfare Scientists and Veterinarians filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  30. Brief amici curiae of Worker Safety Advocates filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  31. Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  32. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. Proof of Service Main Document

  33. Motion for divided argument filed by respondents The Humane Society of the United States, et al. Main Document Proof of Service

  34. Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  35. Brief amici curiae of State of Illinois, et al. filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  36. Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed) Main Document Certificate of Word Count Proof of Service

  37. Motion for leave to file respondents' brief on the merits out of time filed by respondents The Humane Society of the United States, et al. Main Document Proof of Service

  38. Brief of State Respondents filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  39. Brief amicus curiae of Dr. Leon Barringer filed. (Distributed) Main Document Certificate of Word Count Proof of Service

  40. CIRCULATED

  41. The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.

  42. Record requested from the 9th Circuit.

  43. Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed. Proof of Service Certificate of Word Count Main Document

  44. Brief amicus curiae of National Taxpayers Union Foundation filed. Main Document Certificate of Word Count Proof of Service

  45. Brief amicus curiae of United States filed. Main Document Proof of Service

  46. Brief amicus curiae of Association for Accessible Medicines filed. Main Document Certificate of Word Count Proof of Service

  47. Brief amicus curiae of Washington Legal Foundation filed. Main Document Certificate of Word Count Proof of Service

  48. Brief amicus curiae of North American Meat Institute filed. Main Document Certificate of Word Count Proof of Service

  49. Brief amici curiae of Iowa Pork Producers Association, et al. filed. Main Document Proof of Service Certificate of Word Count

  50. Brief amicus curiae of The Chamber of Commerce of the United States of America filed. Main Document Certificate of Word Count Proof of Service

  51. Brief amici curiae of Professors Michael Knoll, et al. filed. Main Document Certificate of Word Count Proof of Service

  52. Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. Main Document Certificate of Word Count Proof of Service

  53. Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed. Main Document Proof of Service Certificate of Word Count

  54. Brief amici curiae of Indiana, et al. filed. Main Document Certificate of Word Count Proof of Service

  55. Brief amicus curiae of American Association of Swine Veterinarians filed. Main Document Certificate of Word Count Proof of Service

  56. Brief amici curiae of Canadian Pork Council, et al. filed. Main Document Certificate of Word Count Proof of Service

  57. Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed. Main Document Certificate of Word Count Proof of Service

  58. Brief amici curiae of The Retail Litigation Center, Inc., et al. filed. Main Document Certificate of Word Count Proof of Service

  59. Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed. Main Document Certificate of Word Count Proof of Service

  60. Brief amicus curiae of The Buckeye Institute filed. Main Document Certificate of Word Count Proof of Service

  61. Brief amicus curiae of Protect the Harvest filed. Main Document Certificate of Word Count Proof of Service

  62. Brief amici curiae of National Association of Manufacturers, et al. filed. Main Document Certificate of Word Count Proof of Service

  63. Brief amicus curiae of Pacific Legal Foundation filed. Main Document Certificate of Word Count Proof of Service

  64. ARGUMENT SET FOR Tuesday, October, 11, 2022.

  65. Brief of petitioners National Pork Producers Council, et al. filed. Main Document Certificate of Word Count Proof of Service

  66. Motion to dispense with printing the joint appendix filed by Petitioner and respondentThe petitioner asks a reviewing court to act; the respondent answers that request.Learn more about petitioner and respondent → GRANTED.

  67. Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al. Main Document Proof of Service

  68. Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2022. The time to file respondents' briefs on the merits is extended to and including August 8, 2022.

  69. Joint motion for an extension of time to file the briefs on the merits filed. Main Document

  70. Petition GRANTED.

  71. DISTRIBUTED for Conference of 3/25/2022.

  72. DISTRIBUTED for Conference of 3/18/2022.

  73. DISTRIBUTED for Conference of 3/4/2022.

  74. DISTRIBUTED for Conference of 2/25/2022.

  75. DISTRIBUTED for Conference of 2/18/2022.

  76. DISTRIBUTED for Conference of 1/21/2022.

  77. DISTRIBUTED for Conference of 1/14/2022.

  78. DISTRIBUTED for Conference of 1/7/2022.

  79. Reply of petitioner National Pork Producers Council, et al. filed. (Distributed) Main Document Certificate of Word Count Certificate of Word Count

  80. Brief of respondents Humane Society of the United States, et al. in opposition filed. Main Document Certificate of Word Count Proof of Service

  81. Brief of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. in opposition filed. Main Document Certificate of Word Count Proof of Service

  82. Brief amici curiae of Iowa Pork Producers Association, et al. filed. Main Document Proof of Service Certificate of Word Count

  83. Brief amici curiae of National Association of Manufacturers, et al. filed. Main Document Proof of Service Certificate of Word Count

  84. Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed. Main Document Proof of Service Certificate of Word Count

  85. Brief amicus curiae of Cato Institute filed. Main Document Certificate of Word Count Proof of Service

  86. Brief amici curiae of Indiana, et al. filed. Main Document Certificate of Word Count Proof of Service

  87. Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021, for all respondents.

  88. Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk. Main Document

  89. Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed. Main Document

  90. Brief amicus curiae of Canadian Pork Council filed. Main Document Proof of Service Certificate of Word Count

  91. Response Requested. (Due November 18, 2021)

  92. Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)

  93. DISTRIBUTED for Conference of 10/29/2021.

  94. Blanket Consent filed by Petitioner, National Pork Producers Council, et al. Blanket Consent

  95. Waiver of right of respondents Humane Society of the United States, et al. to respond filed. Main Document

  96. Waiver of right of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. to respond filed.

  97. Petition for certiorariA filing asking the U.S. Supreme Court to review a lower-court decision.Learn more about petition for certiorari → filed. (Response due October 29, 2021) Petition Appendix Certificate of Word Count Proof of Service