Free Republic

The Supreme Court has undercut a long-running raisin supply management program, ruling Monday that the federal government must pay for raisins kept out of the marketplace. In a marked victory for Fresno County grower Marvin Horne and other dissident California raisin producers, the divided court said the program that compels some raisins to be held back in a reserve is subject to the just compensation commands of the Fifth Amendment. Raisin handlers set aside 47 percent of their crop during the 2002-03 season and 30 percent for 2003-04, but they were paid for only part of what they surrendered.

WASHINGTON — The Supreme Court says a program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional. The justice said Monday that forcing raisin growers to give up part of their annual crop without full payment is an illegal confiscation of private property.

Stealing is illegal, unless the government is the thief. On Wednesday the Supreme Court will hear a case on whether the government can seize a chunk of a business’s product to regulate prices. This is a big one. Like much government mischief, Horne v. USDA has its roots in the Great Depression and federal programs to prop up the price of goods by controlling supply. To create raisin scarcity, the government established a Raisin Administrative Committee that manages the supply of raisins through annual marketing orders. Raisin handlers must set aside a portion of their annual crop, which the feds...

In oral arguments Wednesday, the Supreme Court will hear the government defend its kleptocratic behavior while administering an indefensible law. The Agricultural Marketing Agreement Act of 1937 is among the measures by which New Dealers tried and failed to regulate and mandate America back to prosperity. Seventy-eight years later, it is the government's reason for stealing Marvin and Laura Horne's raisins. New Dealers had bushels of theories, including this: In a depression, prices fall, so a recovery will occur when government compels prices to stabilize above where a free market would put them. So FDR's "brains trust" produced "price stabilization"...