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Justice Breyer, though he demonstrated a keen understanding of the facts in this week's case, compared the characterizations of raisin buyers, sellers, and processors in the case to “an old Abbott and Costello movie”—presumably referring to the duo’s Who’s on First? sketch.
SCOTUSblog reporter Lyle Denniston similarly noted oral arguments appeared to be as much about “a perplexing array of minutiae” as they were about raisins.
Hell, even the USDA calls the raisin marketing order program “somewhat complex.”
In the end, though, it’s not complex at all. It’s theft. And I hope the Supreme Court comes to call raisin marketing order programs—and other USDA marketing orders—by that name.
Finally, keeping in mind that only your local weather forecaster is wrong as often as are those who play the Supreme Court case-prediction parlor game, I suspect the Court will vacate and remand Horne back to the U.S. Court of Appeals for the 9th Circuit, which will ultimately rule in favor of the Hornes.