Page:NPPC v. Ross.pdf/47

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Cite as: 598 U. S. ____ (2023)
7

Opinion of Roberts, C. J.

will “increase production costs per pig by over $13 dollars per head, a 9.2% cost increase at the farm level.” Ibid.

Separate and apart from those costs, petitioners assert harms to the interstate market itself. The complaint alleges that the interstate pork market is so interconnected that producers will be “forced to comply” with Proposition 12, “even though some or even most of the cuts from a hog are sold in other States.” Id., at 213a; id., at 239a. Proposition 12 may not expressly regulate farmers operating out of State. But due to the nature of the national pork market, California has enacted rules that carry implications for producers as far flung as Indiana and North Carolina, whether or not they sell in California. The panel below acknowledged petitioners’ allegation that, “[a]s a practical matter, given the interconnected nature of the nationwide pork industry, all or most hog farmers will be forced to comply with California requirements.” 6 F. 4th, at 1028.

We have found such sweeping extraterritorial effects, even if not considered as a per se invalidation, to be pertinent in applying Pike. In Edgar, we assessed the constitutionality of an Illinois corporate takeover statute that authorized the secretary of state to scrutinize tender offers, even for transactions occurring wholly beyond the State’s borders. As the majority explains, only a plurality of the Court in Edgar concluded that the Illinois statute constituted a per se violation of the dormant Commerce Clause. See ante, at 14, n. 1. But a majority in Edgar analyzed those same extraterritorial effects under our approach in Pike, concluding that the “nationwide reach” of Illinois’s law constituted an “obvious burden … on interstate commerce.” 457 U. S., at 643. The Ninth Circuit did not consider whether, by effectively requiring compliance by farmers who do not even wish to ship their product into California, Proposition 12 has a “nationwide reach” similar to the regulation at issue in Edgar.

The complaint further alleges other harms that cannot