A. When doing so serves Big Ag’s interests.
Yesterday the Iowa House approved House Resolution 123, which requests “that all necessary and immediate action be taken by the State of California, the United States Congress, the United State Attorney General, state legislatures, state governors, and state attorneys general to effectuate the repeal of California legislation enacted as AB 1437 that unconstitutionally infringes upon the Commerce Clause of the Constitution of the United States to the detriment of this nation’s consumers and farmers.”
U.S. Representative Steve King has been on the warpath against the supposedly “unconstitutional” California law for some time. After he failed to get language overriding the egg regulations into the new Farm Bill, several state attorneys general filed suit in federal court. Last month Governor Terry Branstad joined that lawsuit, saying the California law “discriminates against Iowa’s egg producers.”
Thirteen Iowa House Democrats joined all 53 Republicans to co-sponsor House Resolution 123 (full text here). The Democrats were Bruce Bearinger, Nancy Dunkel, John Forbes, Bruce Hunter, Jerry Kearns, Dan Kelley, Helen Miller, Dan Muhlbauer, Joe Riding, Patti Ruff, Sally Stutsman, Roger Thomas, and Frank Wood. Reading from the resolution on the Iowa House floor yesterday, State Representative Helen Miller parroted the same talking points we’ve heard from King before. Supposedly Iowa egg farmers “can’t” sell their products in California anymore, which “unconstitutionally infringes upon the commerce clause of the Constitution of the United States.” Sorry, no. That law does not establish a higher bar for out-of-state producers than for in-state producers. Nor does it force any course of action on Iowa egg farmers. They will simply face the same choice any number of manufacturers face regarding any number of state laws: either comply with the relevant state’s requirements, or sell your products elsewhere.
Some of the House Democrats who co-sponsored this resolution represent rural or suburban districts that will be competitive this year. Others, including Miller, are unopposed or represent urban districts that Republicans have no prayer of winning. Before taking Steve King’s word for it on matters of constitutional law, they should have consulted Iowa Attorney General Tom Miller. He didn’t sign on to the lawsuit Branstad joined, I suspect because he sensed the case is weak. U.S. Secretary of Agriculture Tom Vilsack was not a fan of King’s efforts to overturn the California law either.