SC AG Supports Challenge to MA Pork Law at Supreme Court

AG: South Carolina News

Filed March 24th, 2026

Detected March 25th, 2026

Summary

South Carolina Attorney General Alan Wilson joined Iowa and 22 other states in a Supreme Court amicus brief challenging a Massachusetts law that bans the sale and transportation of pork produced in violation of its housing space requirements. The states argue the law imposes burdensome regulations on out-of-state farmers and processors, potentially leading to higher consumer prices.

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What changed

South Carolina Attorney General Alan Wilson, along with Iowa and 22 other states, has filed an amicus brief with the U.S. Supreme Court supporting a challenge to Massachusetts' "Question 3" law. This law prohibits the sale and transportation of pork not produced in compliance with the state's specific hog housing space requirements. The filing argues that this regulation is an unconstitutional market manipulation, imposing significant and costly burdens on pig farmers and pork processors located outside of Massachusetts, potentially leading to a chaotic national market and increased consumer prices.

The practical implications of this legal challenge are substantial for the agricultural sector. The states contend that compliance costs, estimated to be hundreds of millions of dollars based on similar California legislation, could devastate small, independent hog farmers and reduce the overall supply of pork products nationwide. The filing aims to prevent states from enacting extraterritorial regulations that disrupt interstate commerce and harm producers in other jurisdictions.

What to do next

Monitor U.S. Supreme Court decision on Massachusetts "Question 3" law.
Assess potential impact of Supreme Court ruling on interstate pork sales and agricultural supply chains.

Source document (simplified)

MAR 24, 2026

Attorney General Alan Wilson stands up for farmers at the U.S. Supreme Court

(COLUMBIA, S.C.) – Attorney General Alan Wilson joined Iowa and 22 other states supporting a challenge to a Massachusetts law that bans the sale, and even transportation, of any pork that was produced in violation of Massachusetts hog housing space requirements.

In their friend-of-the-court brief, the States assert that this “Question 3” law imposes a detrimental and overly burdensome regulation on the almost entirely out-of-Massachusetts pig farmers and pork processors in their states.

“The Constitution was designed to prevent this kind of market manipulation,” Attorney General Wilson said. “Question 3 sets a dangerous precedent that allows states to impose their own regulations on others, which will lead to a chaotic national market and higher prices for consumers.”

The effects of this regulation will be widespread and costly. Economic studies conducted on California’s similar, but less burdensome, law estimate that compliance will cost hog producers in the United States between $294 million and $348 million. This compliance cost will devastate small, independent hog farmers and will decrease the supply of pork products available across the country.

In addition to South Carolina, attorneys general from the following states joined the Iowa-led filing: Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

The full amicus brief can be read here.

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