Bird among supporters of lawsuit arguing unconstitutionality of ‘Question 3’

(Des Moines) — Iowa Attorney General Brenna Bird is among the state attorneys general arguing a Massachusetts law governing pork production is unconstitutional. Iowa is among over 20 states that have signed on to an amicus brief supporting an appeal of a district court ruling that upheld Massachusetts’ “Question 3.” They argue the 2016 law passed by the state’s voters violates the U.S. Constitution’s dormant commerce clause, which gives the federal government rather than the states the power to regulate interstate commerce. The measure bars farmers and producers in any state from selling pork in Massachusetts if the animals were confined in a crate that prevents them from “laying down, standing up, fully extending their limbs, or turning around.” Bird tells KMA News it would be unrealistic to ask producers in Iowa, one of the nation’s top pork-producing states, to feasibly alter its practices that are already in compliance with federal and Iowa regulations.

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