Opinion of Gorsuch, J.
enhance their own profits may choose to modify their existing operations or create new ones to fill the void.[1]
Of 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 “pas[s] along” at least “some” 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 “likely to fall upon the very people who voted for the [challenged] la[w]”). 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 “not value these changes and will not pay an increased price.”
- ↑ 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 “opportunities” Proposition 12 affords them to compete with vertically integrated firms with “ ‘concentrated market power’ ” that are wedded to their existing processing practices. Brief for Small and Independent Farming Businesses et al. as Amici Curiae 1, 12, 19–20. 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 3–7; see also Brief for Economic Research Organizations as Amici Curiae 16–17 (reciting public statements from Hormel, Smithfield, and Tyson). Another large processing firm, Cargill, has boasted that, “ ‘[b]efore we sold our pork business in 2015, we led the industry in removing gestation stalls to house pregnant sows.’ ” Id., at 16. Petitioner National Pork Producers Council lists Cargill as an “allied industry compan[y].” National Pork Producers Council, Pork Alliance Program, https://nppc.org/get-involved/join-the-pork-alliance/.
