• Posts
  • RSS
  • ◂◂RSS
  • Contact

  • Obama Denied Free Raisins

    June 23rd, 2015
    raisins
    Over the past thirteen years raisin farmers Marvin and Laura Horne have been fighting with the Raisin Administrative Committee about whether they are required to give a percentage of their crop to the government. Their case has gone through many layers of the court system, and I wrote about it with more background two years ago when the Supreme Court ruled on the case for the first time. The case has now come back up to the Supreme Court and their new ruling is up (pdf).

    The main arguments are based around the takings clause of the 5th amendment:

    ... nor shall private property be taken for public use, without just compensation.
    (There's lots of case law about this clause, which means the constitution's words here don't make up the whole law anymore, but they're still the basis of it.)

    Summary:

    Roberts, Scalia, Kennedy, Alito

    The government physically took the raisins and demonstrated no benefit to the Hornes. By the takings clause the Hornes may keep their raisins and owe no fine.

    Breyer, Ginsberg, Kagan

    The takings clause applies but the Hornes benefitted in the form of higher raisin prices. The lower courts should determine the size of this counterfactual benefit, which the Hornes then owe.

    Thomas

    The takings clause applies, but the purpose the raisins were taken for was not "public use" and so the raisins may not be taken regardless of compensation.

    Sotomayor

    The takings clause does not apply, because the Hornes were not completely deprived of their property and precedent on the meaning of "taken" here is is very narrow.

    With this ruling I expect raisin prices to fall, which should save the Free Raisins a relatively small amount of money when we next refresh our supply.

    Irrelevant quotes:

    • "Raisins are not dangerous pesticides; they are a healthy snack."
    • "Raisins are not like oysters."
    • "Having the Court of Appeals calculate 'just compensation' in this case would be a fruitless exercise."

    Comment via: google plus, facebook

    Recent posts on blogs I like:

    Parenting expectations and experiences

    12 people on what it was like for them The post Parenting expectations and experiences appeared first on Otherwise.

    via Otherwise June 17, 2022

    10x (engineer, context) pairs

    Your actual output depends on a lot more than just how quickly you finish a given programming task. Everything besides the literal coding depends deeply on the way you interact with the organization around you.

    via benkuhn.net June 9, 2022

    Buckingham Palace

    I love England. Especially because of the big castle called Buckingham Palace. I got to see the outside there, but my mom showed me some pictures of the inside. I love it there. But the outside doesn't look very fancy to me. But I never knew why those …

    via Anna Wise's Blog Posts April 25, 2022

    more     (via openring)


  • Posts
  • RSS
  • ◂◂RSS
  • Contact