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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: sourcery

That’s why their ruling mandating that the Ninth Circuit hear the case is fascinating

Let’s hope it’s another case of the SC setting up the 9th CAC for another just for chuckles reversal.


3 posted on 06/10/2013 2:33:43 PM PDT by RetiredTexasVet (But for an ignorant electorate Slow Joe would have become a circus clown or union thug.)
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