USDA Suffers Major Legal Defeat

Michael Doyle of McClatchy Newspapers reports on some very bad news for the overreaching regulators at the U.S. Department of Agriculture:

The Supreme Court on Monday provided legal juice for growers who want to sue the U.S. Agriculture Department and the California Table Grape Commission over grapevine patents.

In a decision noteworthy for farmers nationwide, the high court declined to review a lower court's ruling that waived USDA's customary immunity from lawsuits. The decision, issued without comment, effectively upholds the earlier appellate ruling and gives a green light for further legal battle over the "Scarlet Royal" and "Autumn King" grapevine variety patents….

"They deserve to be sued," prominent Visalia, Calif.-area grape grower and nursery owner Luther J. Khachigian said Monday. "They don't belong in the nursery business . . . they're interfering in a business they don't know anything about."

Comments

[sarcasmic]

"...they're interfering in a business they don't know anything about."

In other words, government as usual.

[mad libertarian guy]

This.

Bureaucrats in suits making decisions about business and the lives of people based off of no practical experience. That's all government is. It's a fucking sham.

[Joe M]

Right. They're just noticing this?

[T]

Slightly off-topic, but I'll just throw out my favorite USDA factoid: there are federal regulations on snail husbandry. Contemplate that on the tree of woe.

[Leo]

Hey, if you don't want snail husbandry regulations, why don't you go live in Somalia?

[T]

No snail market, sadly. There are some things even a starving Somali won't eat.

[anon]

No snail market, sadly.

Obviously the USDA is the only reason there even IS a snail market! Get out of your FAUX NEWS bubble!

[Doctor Whom]

Indeed. Without the USDA's guidance in everything, we'll all starve to death. Is that what you want, you heartless monster? Well, is it?

[Virginian]

There are 22 pages of regulations devoted to frozen broccoli.

[Doctor Whom]

Since the usual suspects haven't yet said it in earnest, I will in snark: With only 21 pages, we'd all die from contaminated frozen broccoli.

[Ptah-Hotep]

Because the Agricultural Research Service developed the grapevine varieties starting in the 1990s, the USDA owns them...

Then they should be placed in the public domain.

[anon]

I really like how when public funds are devoted to public research, somehow only the US Government is allowed to utilize the fruits of said research.