"Republican Congressman: States Can Ban Birth Control, But Not Foie Gras"
Californians have recently voted to enact laws banning the sale and production of both eggs from cruelly housed hens and foie gras, a delicacy created by force-feeding ducks. While this may seem within the legal bounds of a state’s ability to regulate local commerce, one Congressman is up in arms about it: Steve King (R, IA). King, despite being one of the most outspoken proponents of states’ rights in Congress, is so convinced that California’s laws violate the Commerce Clause that he pushed through legislation overturning the animal rights acts and similar statutes in other states:
Rep. Steve King, an Iowa Republican who represents the country’s leading egg-producing state, said he introduced the amendment because the California law and others like it “scrambles and creates a patchwork quilt of state regulations.”
“If California wants to regulate eggs that come into the state, fine,” King said. “But don’t be telling the states that are producing a product that’s already approved by the USDA or the FDA how to produce that product.”
He said that the California requirement violates the commerce clause of the Constitution, which gives the federal government jurisdiction over interstate commerce issues.
King believes the entire Affordable Care Act – not simply the mandate, but the whole law – is an unconstitutional use of federal power under the Commerce Clause. This means that, according to King, any federal regulation of the insurance industry is unconstitutional. King also thinks states can ban contraception. These radical beliefs aren’t a surprise: King adheres to an extreme interpretation of the Tenth Amendment which aims to gut federal power.
So King appears to to think federal regulation of farming is constitutional, but regulation of the health care industry is not. A state ban on birth control is fine, but banning foie gras isn’t.
Of course, King has a perfectly good reason for going against his principles: saving his own skin. King is in the midst of a bruising reelection battle as a consequence of redistricting. The largest industry spending on his behalf is big agribusiness, which isn’t thrilled about California’s laws. King’s home state of Iowa has no standards for ethical caging of egg-producing hens, a fact which was linked to a significant salmonella outbreak in 2010.
King’s bill is so broadly worded that it might also overturn state safety standards for other agricultural products, including fruit, milk, and vegetables. It is currently attached as an amendment to the House Farm Bill, which would also take food stamps away from millions of needy Americans.