Google+

Supreme Court Raisin Decision Could Affect Market

 

Supreme Court Raisin Decision Could Affect Market

By Burt Carey

 

By an 8-1 vote, the U.S. Supreme Court this week found in favor of a family of California raisin farmers, ruling that the Fifth Amendment’s Taking Clause applies to personal property just as it does real estate.

California, Raisin Farmers, 5th Amendment, artificially inflated raisin prices, New Deal-era marketing scheme, manipulation, consumer costs, the Taking Clause, federal governmentAt issue were the actions of the Raisin Administrative Committee, an extension of the Department of Agriculture, which required raisin farmers to turn over a portion of their annual crop so that it could artificially inflate raisin prices. In 2003, the committee demanded that Marvin and Laura Horne surrender 47 percent of their raisin crop for the New Deal-era marketing scheme, and in 2004 another 30 percent, all with no compensation.

“The Government has a categorical duty to pay just compensation when it takes your car, just as when it takes your home,” Chief Justice John Roberts wrote in an opinion joined by of the justices except Sonia Sotomayor. While three of the court’s liberal justices concurred, they differed when it came to the question of how the Hornes should be compensated for their raisins, suggesting that the 9th Circuit Court of Appeals in San Francisco should determine the amount. It was a 9th Circuit decision the Supreme Court overturned in Horne v. Dept. of Agriculture.

Horne refused to turn over his raisins in 2003 and 2004, and was fined $684,000 by the committee. Two years ago, the Obama administration argued that the Hornes should be forced to pay the fine before their case could be heard. The Supreme Court disagreed on the procedural issue, allowing the case to proceed.

The justices ruled that the Hornes are entitled to just compensation for any raisins the committee takes from them. The committee operates under a 1937 law designed to manipulate raisin market prices. Made up of DoA bureaucrats and raisin industry executives, the committee would annually set a marketing order quota that would artificially control the number of raisins released to the market, which in turn drove up consumer costs.

Some 20 other agricultural industries operate under similar marketing schemes, all based on efforts for the federal government to control supplies and pricing. The raisin market differs from others in that the Department of Agriculture actually took possession of the crop, using them for school lunch programs or overseas sales. What impact the ruling has on other agricultural price-support programs is unclear.

“We are not going to jeopardize the Agriculture Department’s marketing order regime,” Roberts added. “This is different,” Roberts said to Agriculture Department attorneys during earlier oral arguments in the Horne case. “You come up with the truck, and you get the shovels, and you take their raisins.”

Also not immediately known is what the ruling will do to raisin prices. The Horne decision did not invalidate the Raisin Administrative Committee or its operations but requires that future takings of personal property by the federal government must come with compensation.

The 9th Circuit Court initially had ruled in favor of the committee, saying that the Taking Clause only applied to real estate.

Legal scholars commenting on the Horne decision say a victory by the Department of Agriculture could have set a precedent in that the federal government could effectively take the personal property of any citizen without having to pay for it. But even an ideologically divided Supreme Court wouldn’t go that far. Roberts recounted that property ownership predates the 5th Amendment and was rooted in American law even before British troops began looting colonists’ homes in the name of King George III.

 

Source:  Baret News Wire

REQUEST INFORMATION

Entertainment

Franchise Reboot Revolves around Road Trip from Hell

  Diary of a Wimpy Kid: The Long Haul Blu-ray Review by Kam Williams Franchise Reboot Revolves around Road Trip from Hell  According to Murphy's Law, "Anything that can go wrong, will go wrong." And Diary of a Wimpy Kid: The Long Haul provides cinematic support for that pessimistic principle. For, this kitchen sink comedy relies on the domino effect to exacerbate the ever-mounting misfortunes visited upon the beleaguered Heffley family … [Read More its Good for You.....]

Lifestyle

The “King” Will Take Center Stage at the 2017 Wildlife Conservation Expo

  The “King” Will Take Center Stage at the 2017 Wildlife Conservation Expo by Amy Lignor   Each and every year the Wildlife Conservation Expo is held to address situations out there that are harming our world and its animal inhabitants. This time around, WCN’s annual Fall Wildlife Conservation Expo in October, will be focusing on various issues, but it is the King of the Jungle who will be taking center stage. For those who are … [Read More its Good for You...]

Outdoors

Hit the Wrecks and Rigs for Summertime Cobia

  Hit the Wrecks and Rigs for Summertime Cobia By Craig Lamb Cobia, ling or lemonfish. From the Gulf Coast of Texas far up the Atlantic Coast into the Carolinas, Rachycentron canadum is highly valued as a prized fighter and epicurean's delight. Tasty and sporting, the fish is fun to catch, and summertime is a great time to land a trophy. Do that by searching for big fish over the wrecks, reefs and other bottom irregularities. If you are … [Read More its Good for You...]

Sports

College Football Arriving Soon!

  College Football Arriving Soon! by Amy Lignor   Ask any college football fan and they will tell you that it seems like an eternity waiting for the season to begin. But, have no fear, the kick-off to the college season is almost here, with Colorado State and Oregon State hitting the field on Saturday, August 26th at 2:30 p.m. ET. On the same day, fans of Oregon State and Colorado State will see an active match-up, and Portland … [Read More its Good for You...]

Travel

Going Back in Time on the Ultimate Steamboat Vacation

  Going Back in Time on the Ultimate Steamboat Vacation by Amy Lignor   Many people love taking a cruise. But it is the river cruise on that glorious steamboat that not only offers all the benefits a big ocean liner offers, but also creates a more personalized, intimate vacation experience. It is a unique recipe: being able to witness stunning landscapes, mixed with amazing history, while dining on acclaimed regional cuisine and … [Read More its Good for You...]

Real Estate

Real Estate: Refinancing Rates on the Rise in 2017

  Real Estate: Refinancing Rates on the Rise in 2017 by Amy Lignor   The term ‘meteoric rise’ usually applies to something fun. Think: A Hollywood actor who has been ‘discovered.’) Unfortunately, when it comes to this article, ‘meteoric rise’ is something that will not bring a smile to one’s face. To put it simply, if you wish to refinance your home, you need to do it ASAP. If choosing to wait too much longer, homeowners across the … [Read More its Good for You.....]

Business

Umbrella Insurance: The Safety Net You Need

  Umbrella Insurance: The Safety Net You Need by Amy Lignor   The realm of insurance is just about the most difficult maze to get through. Each and every day it seems the financial and insurance industries are changing. What is not changing, however, is the fact that lawsuits fill up the courts more and more – lawsuits that award cash to third parties even if you don’t happen to have that cash saved. More and more, the words “umbrella … [Read More its Good for You...]

Green Living

Creating the Perfect Vegetable Garden

  Creating the Perfect Vegetable Garden by Amy Lignor   Many are still dealing with that wintery mix Mother Nature just loves to toss down from the sky this time of year. Yet, that gardener living inside the soul – the one just dreaming of the sunny skies and lazy rainy days that are must-haves in order to grow the best vegetables possible – is already jotting down the facts, tricks and tips they need to know in order to make that … [Read More its Good for You...]

Books

Book of Black Heroes

  Book of Black Heroes Political Leaders Past and Present by Gil L. Robertson, IV Foreword by Myrlie Evers-Williams Just Us Books Paperback, $12.95 80 pages ISBN: 978-1-933491-21-9 Book Review by Kam Williams “The first African-American political leaders began to serve following the Civil War...Known as Reconstruction, this period represented a window of opportunity for African-Americans... Many [Black] political leaders emerged … [Read More its Good for You...]