, which is made from the enlarged livers of ducks and geese, sometimes as the result of force-feeding the animals. Since 2012, California has not allowed the sale of foie gras, although people can legally order it from out-of-state producers. Farmers and others have pushed back against the ban, however, saying that it limits their ability to do business and negatively impacts their livelihood.
The case considered by the Supreme Court has been going on since 2012, but most recently it was on hold as the justices weighed in on another California animal-cruelty law. In that case, the Court supported a law that requires more space for breeding pigs. In a statement, the groups that brought the foie-gras case denounced both that decision and the Supreme Court’s non-decision in the foie-gras debacle.
“Like farmers across the Nation, we are disappointed with the Supreme Court’s fractured ruling in the pork producers’ case, which allowed California’s politicians to tell people what they can and can’t eat,” said Michael Tenenbaum, their attorney. “And we believe the Court should have agreed to add our case to its plate for the upcoming term, since it presents an even more compelling challenge to these nanny-state bans.
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