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SCOTUS to hear livestock welfare case

Presented by the American Heart Association: Delivered every Monday by 10 a.m., Weekly Agriculture examines the latest news in agriculture and food politics and policy.
Oct 11, 2022 View in browser
 
POLITICO's Weekly Agriculture newsletter logo

By Garrett Downs

Presented by the American Heart Association

With help from Marcia Brown and Alex Daugherty

QUICK FIX

— The Supreme Court today will hear oral arguments in a case challenging California's livestock welfare law known as Proposition 12. The measure garnered overwhelming voter support in 2018, but the farm groups challenging the law say that it interferes with interstate commerce.

— The latest boost to the Thrifty Food Plan is running behind inflation, according to a new publication from the University of Missouri.

— A large railworker union has rejected the Biden-blessed deal between railworkers and major rail carriers, the first rejection so far. It resets the clock on a potential strike.

HAPPY TUESDAY, OCT. 11. Welcome to Morning Ag. I'm your host, Garrett Downs. Send your tips along to gdowns@politico.com and @_garrettdowns, and follow us at @Morning_Ag.

 

A message by the American Heart Association:

When will the U.S. Senate act on child nutrition? School meals are a recipe for student success. But the Senate's inaction is a recipe for disaster. Millions of kids no longer have access to healthy school meals at no cost all while soaring food prices cause major hardships for families across the country. Tell your Senators: Act now to ensure every child can get healthy school meals for free.

 

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Driving the Day

PROP-12 GETS ITS DAY IN COURT: Supreme Court Justices today will hear arguments from the pork industry and from defenders of California's Proposition 12, a livestock welfare law that aims to ban gestation cages for sows and battery cages for egg-laying hens, Marcia reports.

The law would also ban the sale of meat in California from non-compliant farms, even from those outside of the state.

The two sides: California and animal advocates argue that the new law would secure freedom of movement for livestock, which are often restrained in gestation and battery cages. But the National Pork Producers Council and the American Farm Bureau Federation contend that the measure would unconstitutionally interfere in interstate commerce, potentially sending California regulators to inspect farms in other midwestern states — where most of the meat Californians eat is raised.

Ripple effect: Legal experts say the case could have implications that go beyond how farmers raise their hogs. Some told Marcia that if the Supreme Court rules against the law, it could open the door for challenges to other state-level laws — like California's electric vehicle mandate that aims to eliminate the sale of gas-powered cars by 2035.

Local leadership groups like the National League of Cities and the U.S. Conference of Mayors warned that upholding the NPPC's position "would jeopardize countless types of local laws," including affordable housing policies, hazardous waste regulations and child labor. States themselves are divided, with 20 siding with the pork industry and 14 with the state of California.

Where's Biden? In what some say is a striking contrast to the Biden administration's outspoken commitment to fair competition and particular animus toward the meatpacking industry, the administration has argued in an amicus brief to the Court that California voters don't have the authority to govern animal welfare in other states.

But Sen. Cory Booker (D-N.J.) has taken the opposite stance, arguing that courts are "ill-equipped … to weigh the costs and benefits of local, state, and national commerce policy."

THRIFTY FOOD PLAN OUTPACED BY INFLATION: Even with a significant boost this year, the Thrifty Food Plan, a program used to determine the cost of a healthy, budget-conscious diet for SNAP recipients, may not be providing people with all the relief they need due to inflation, according to Hoa Hoang , a professor at the University of Missouri's Food and Agricultural Policy Research Institute.

Context: The TFP was updated in 2021, raising base-level SNAP benefits for recipients. That change was lauded by Democrats in Congress and hunger advocates who applauded SNAP recipients getting more grocery money. But the move invoked the ire of the GOP, who requested a pending Government Accountability Office review of the update.

In October, SNAP benefits automatically rose to account for inflation — increasing 12.5 percent for a family of four. This change reflected the rise in grocery costs from June 2021 and June 2022.

By the numbers: In her study, Hoang examines the market baskets of SNAP recipients, non-SNAP families and the TFP's recommended purchases for the month of August 2022.

She found that, if following the TFP's guidelines, grocery costs would be 14.1 percent higher than in June 2021 for recipients and 15.4 percent more compared to the average SNAP basket between 2011 and 2019. Finally, the cost of groceries in the average non-SNAP U.S. consumer basket would be 15.1 percent higher than June 2021.

But, why?: Hoang told MA that SNAP recipients are much more likely to purchase a normal basket rather than the TFP recommended basket, based on the data from 2011-2019. This means much heavier purchasing of "miscellaneous foods," things like cooking oils, soft drinks and snacks. Those goods have far outpaced the price increases in fruits and vegetables, which are weighted to account for much more of a TFP cart.

 

JOIN WEDNESDAY FOR A TALK ON U.S.-CHINA AND XI JINPING'S NEW ERA:  President Xi Jinping will consolidate control of the ruling Chinese Communist Party later this month by engineering a third term as China's paramount leader, solidifying his rule until at least 2027. Join POLITICO Live for a virtual conversation hosted by Phelim Kine, author of POLITICO's China Watcher newsletter, to unpack what it means for U.S.-China relations. REGISTER HERE.

 
 

RAIL UNION NIXES BIDEN DEAL: The Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters, the third largest railworkers' union in the country, on Monday rejected a tentative labor contract brokered between the rail carriers and workers' union representatives, marking the first union to say no to a deal help brokered by the Biden administration.

Remember: Dragged out negotiations and an impending strike nearly brought the railroads to a screeching halt last month, which would have a tremendous impact on the agriculture industry.

Biden and Labor Secretary Marty Walsh stepped in to help strike a deal. Railworkers were holding out on issues with unpaid leave and on-call policies. The deal would result in a 24 percent wage increase for workers over a 5-year period.

What happened: The BMWED-IBT union voted down the deal 6,646 to 5,100.

BMWED President Tony Cardwell said that workers "resent the fact that management holds no regard for their quality of life, illustrated by their stubborn reluctance to provide a higher quantity of paid time off, especially for sickness."

What's next: BMWED will now reengage in negotiations with the carriers, which will reset the countdown clock on a potential strike. The union said it will delay any strike until five days after Congress reconvenes on Nov. 19.

Four other railroad unions approved the tentative agreements with the freight railroads, but every one of the 12 unions representing freight rail employees must ratify their contracts to prevent a strike. Voting for other unions will be completed by mid-November.

 

A message by the American Heart Association:

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Row Crops

— Joe Van Wye has joined Farm Action as the Policy and Outreach Director. Most recently, he served as the Legislative Aide for the House Judiciary's Subcommittee on Antitrust, Commercial, and Administrative Law.

Cathy Cowan Becker is now the Senior Program Director at Farm Action. Cathy was previously Executive Director for the Columbus, OH-based sustainability nonprofit Simply Living.

— Another commercial flock was found sick with lethal bird flu in Arkansas, Reuters reports. The disease has already struck more than 47 million birds, potentially pushing prices for chicken higher.

— Federal Trade Commissioner Alvaro Bedoya's Sept. 22 remarks on fair competition ran in The American Prospect over the weekend, another example of the FTC taking a public tack to advance the administration's agenda.

 

LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.

 
 

THAT'S ALL FOR MA. Drop us a line: gdowns@politico.com, meredithlee@politico.com, marciabrown@politico.com, abehsudi@politico.com and ecadei@politico.com .

 

A message by the American Heart Association:

When will the U.S. Senate act on child nutrition?

School meals are a recipe for student success. Since early 2020, every child in America has been eligible for school meals at no cost, regardless of family income level - no forms, no questions asked. The policy has kept millions of children and families from going hungry during the pandemic. But that support has ended just as the new school year has started. The Senate's inaction is a recipe for disaster, as millions of kids lose access to healthy school meals at no cost while food prices soar.

Tell your Senators: Act now to ensure every child can get healthy school meals for free.

 
 

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