Thirteen states — including Kansas, Missouri, and Georgia — have filed a brief asking the US Supreme Court to review California's ban on the sale and production of foie gras. McClatchy DC writes that opponents of the ban believe it is unconstitutional because it violates "the Constitution's dormant commerce clause" which prohibits states from "enacting discriminatory barriers against commerce from other states." According to McClatchy, attorney Michael Tenenbaum believes that "California may forbid its own farmers from using an established feeding technique," it cannot deprive "out-of state farmers of the competitive advantage they retain."
California made the controversial decision to ban the culinary delicacy two years ago due to how the geese and ducks are raised: To make foie, birds are force-fed for the purpose of enlarging their livers. Even though people have attempted to overturn the law, last year a panel of three judges from the US 9th Circuit Court of Appeals upheld the ban. California-based chefs have skirted the law by hosting private dinners and giving away foie as a complimentary dish. The foie gras case faces stiff competition from thousands of other petitions and a decision regarding whether or not the Supreme Court will hear the case is expected by the end of September.