A constitutional takings case recently heard by the U.S. Supreme Court (Horne, et al., v. U.S. Department of Agriculture) may be decided on purely procedural grounds without reaching the question of whether the government’s expropriation of raisins from farmers is a taking. Nevertheless, a decision could be significant for future takings cases such as those contemplated by the Madison Group. It is also interesting that Justice Elena Kagan took note of the fact that the Federal law in question may simply be outdated. Coincidentally, the unsuccessful Harmon constitutional challenge also raised the issue of whether the rent laws failed to, or not longer, serve their purpose, having existed for almost as long as the Federal statute governing the taking of raisins.
– Jack Freund
America’s raisin regime, De minimis curat lex– The Economist, 4/30/13
Raisin Farmers Have Constitutional Rights Too– The CATO Institute, 1/18/2013