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1 posted on 06/10/2013 2:22:20 PM PDT by Olog-hai
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To: Olog-hai
To win in court, the farmers will have to convince SCOTUS to overturn Wickard v. Filburn. Although I don't believe a Fifth Amendment "takings" argument against that precedent has ever been adjudicated by SCOTUS, for them to accept that line of attack against Wickard would result in revolutionary change.

I can't believe the Justices don't know this. That's why their ruling mandating that the Ninth Circuit hear the case is fascinating.

2 posted on 06/10/2013 2:30:03 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: Olog-hai
The farmers say the program unfairly prevents them from selling their entire crop when the government determines that there otherwise would be a glut of raisins that would drive prices down.

Too many raisins? Make hooch.

4 posted on 06/10/2013 3:10:25 PM PDT by Mike Darancette (Plan "B" is now Plan "A")
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