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Michigan Moves to Dismiss DOJ Suit Over Cage-Free Egg Law

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10

Why it matters

Michigan filed a motion this month seeking dismissal of a Department of Justice lawsuit challenging its 2019 cage-free egg law. The state argues the DOJ lacks Article III standing to bring the case and that the law is not preempted by the federal Egg Products Inspection Act. Michigan's motion cites a March 2026 California dismissal on identical standing grounds. The cage-free law, which took effect in 2025, prohibits the sale of eggs from farms with 3,000 or more hens unless they are cage-free. It passed with bipartisan support and mirrors California's Proposition 12, which the Supreme Court upheld in 2023.

The DOJ filed suit on January 22, 2026, in western Michigan federal court, alleging the law imposes an unconstitutional burden on interstate commerce and contributes to higher egg prices. The agency has not yet disclosed the full basis for its standing argument in public filings. Michigan's response to the standing question and the timeline for a ruling remain unclear.

Attorneys should monitor this case closely. A DOJ victory on preemption grounds could significantly weaken state-level animal welfare regulations nationwide and embolden federal challenges to similar laws in other states. The standing issue is critical—if Michigan prevails, it could dispose of the case entirely without addressing the merits of preemption. The outcome will likely influence ongoing litigation over Proposition 12 and signal whether the current administration intends to systematically challenge state agricultural regulations through federal preemption doctrine.

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