states and their briefs explain nearly all of the pork produced consumed in california is produced outside the state ninety nine point eight percent or sold in california comes sold in california but it could be sold elsewhere or there's nothing you don't have this knock on effect that you have with pigs but you have all of these all of the cuts of meat that have come from a prop twelve compliant pig that are not going to be sold into california so there's this inevitable effect on prices and supply that is totally extraterritorial there is no market outside california or for me that satisfies these requirements i don't know because if i was in the market would have responded by now i guess what i'd like   when you cannot individually how is it in the pre pregnancy period that that's going to happen the result of that is that those immense costs three million dollars for just one of the parents on to that issues in this case in keeping with the supreme court's decision in pharmaceutical church he walsh this court has repeatedly affirmed the fundamental principle at stake here that each state is permitted to regulate commerce within its borders the circuits fuel standard optometrists and animal cruelty decisions have its court recently put it in rocky mountain to establish a well worn path of precedent proposition twelve is the same in every issues and we can look to cases like walsh the fuel standard cases you know a number of other cases in this circuit and you know what's in there particularly if we look at walsh you know that's a critical decision for counsel barely addresses and the court rejected an extra territoriality challenge even though the law was alleged to have had a practical effect on the out of state transactions of out of discriminatory or laws that have the effect of you know requiring a uniform system of regulation and you know this this case of course there is no allegation of discrimination i think that's really important because distributors will require their products to be proposition twelve comply you know ages twenty three and twenty four of our answering believe we address that concern we have looked at their allegations and it says you know pork products will become more expensive producers may choose to comply propositions well by doing this or that some you know some different things may happen it's essentially arguing you know follow and here the again the pork industry per council d alleges the pork products will become more expensive that the producers may have to change their production practices but not that the pork industry requires a particular production the products that will be sold in california and as i understand the pork council d is making the argument that that requirement somehow it controls their wholly out of state conduct cases that were cited by judge smith as well as the cloverleaf in the wall space if you think about the quote ruiz case there where they were required to have new new kinds of bottles for the milk in state requirements basically what you're saying is once a business so big that it has a corporate zation that requires all of these integrated transactions then it can so on with those part producers under any circumstances selling there or in california on a regular basis if you ask me where the pork comes from your honor i'm not exactly sure but i do know that thirteen percent of the work goes to california but eighty seven percent goes elsewhere and certainly that it's the cost of doing business decide where you want to sell your pork and they can say that we've set up this this construct this business model and so you