The Attorney General of Iowa, Brenna Bird was joined by the Attorneys General of 21 other states in appealing the District Court ruling upholding the Massachusetts Question #3 Rule on the production of pork.  Question #3 bans sale of pork or transport through the state of product not produced in accordance with housing requirements, specifically banning gestation crates for sows.

Attorney General Bird claims that Massachusetts Question #3 would impose severe costs on Iowa pork producers. This contention is questioned given that there is adequate pork available derived from sows held in group housing.  The second claim that prices would escalate is more valid given post Proposition #12 prices for pork products in California.

The appeal will be based on the reality that Massachusetts Question #3 contravenes the Import-Export Clause prohibiting states from restricting interstate transport.  The plaintiffs will invoke the Dormant Commerce Clause that vests authority to regulate interstate commerce in the federal government. This claim was rejected by the Supreme Court with respect to Proposition #12. The third component of the appeal will be recognition of the Full Faith and Credit Clause that was upheld by SCOTUS in considering the Proposition #12 appeal.