"The Supreme Court agreed Tuesday to hear an appeal from Fresno raisin growers Marvin and Laura Horne, who contend that the federal marketing program that can take nearly half of their crop is unconstitutional.

Their case poses a significant challenge to the New Deal-era farm program that seeks to prop up prices by keeping part of the crop off the market.

...

Under the federal program, the USDA's raisin board seeks to maintain stable prices by setting aside some portion of the crop and keeping it off the market. Those raisins can be used in the federal school lunch program, but the growers are paid little or nothing for them.

....

The federal marketing order for raisins "extracts a hefty portion of a farmer's annual raisin crop as a condition" for selling the rest of it on the market, said the growers' appellate lawyer, Michael McConnell, a Stanford University law professor and former federal appeals court judge.

In 2003, when the case began, raisin handlers were required to set aside 47% of the crop, he said. The next year, the percentage dropped to 30%.

In those two years, the raisin board "determined that the compensation for the reserve-tonnage raisins should be set at precisely zero dollars," he said. The Hornes "received no compensation for the USDA's appropriation of almost one-third of their crop," he said."

Another article. Same subject

Hay

From the cited link:

In defense of the USDA, Solicitor Gen. Donald Verrilli Jr. had urged the court to steer clear of the case. The marketing orders apply to "handlers" of raisins, not to producers, he said.
The new case arises from independent farmers who admitted that they spoke for only a "small part of the large raisin industry" in California.

In 2003, when the case began, raisin handlers were required to set aside 47% of the crop, he said. The next year, the percentage dropped to 30%.

In those two years, the raisin board "determined that the compensation for the reserve-tonnage raisins should be set at precisely zero dollars," he said. The Hornes "received no compensation for the USDA's appropriation of almost one-third of their crop," he said.

The Hornes tried to play both roles by producing raisins and then marketing them, he said. They "cannot flout the raisin marketing order and then challenge the resulting monetary assessment on the ground that compensation might hypothetically be owed if they had complied," he said.

This is a dog whistle for the free market ideologues who are against any market regulation by government. However, it is being made by those who apparently do not understand the history pf the regulation or the facts of this case which involve an attempted abuse of an existing regulation where they were set to receive nothing as just compensation from the government.

Just trying to understand "progressive" "logic".

" an existing regulation where they were set to receive nothing as just compensation from the government."

You could start here.

Hay

As an aside, a lot of those 'surplus' raisins are shipped to Haiti as food aid - its sort of a joke among Haitians....

That didn't take long.

I'm not asking for more examples of "progressive" "logic". Just trying to understand one case at a time.

Hay

How so, David?

The Haitians I've known have all had a sense of humor re the dregs of modern food processing - like tons of frozen turkey tails and surplus food like 20 lb boxes of raisins - sent to them as food aid. "Haitian steak and salad" kind of stuff.

Yes, Ma'am! Sort of like Ouzo. Probably a tidy profit in that. Not for the raisin growers.

Once. Which was too many times.

Not to be confused with Aprihops from the same folks at Dogfish Head Brewery which is a contender for the perfect beer. It's a seasonal beer, comes out in April and is a hoppy beer which has apricots added to the mash. Highly recommended. Very highly!! The local beer store has taken to sending me an email when it comes out in March or so. They know I can be counted on to buy a couple of cases of it.

Hic...

Hay

The production is only excess because they confiscate and ship off a big portion of it to unsuspecting Haitians.

One of the nice things about free markets is that you don't have "shortages" and "excesses".

I was listening to the radio around Halloween and they were listing the top items that kids hate to get from Trick or Treating. Those little boxes of raisins were right up there at the top of the list.

Hay

Anytime you see a breakfast cereal boasting of extra raisins, pass by that shelf.

As a Californian and one who used to inspect grape/raisin producers and handlers, I commiserate with the small grape growers who often cannot sell all their fresh grapes and must make raisins instead.