A Wisconsin judge rules that dairy farmers have no right to drink milk from their own cows.
[Update a few minutes later]
The judge is defended here, but I agree with commenters that the real problem is the reach of government.
A Wisconsin judge rules that dairy farmers have no right to drink milk from their own cows.
[Update a few minutes later]
The judge is defended here, but I agree with commenters that the real problem is the reach of government.
Comments are closed.
Well, actually the court order (here, PDF) said that “Plaintiffs operate a dairy farm,” and the issue is not their personal cow, but the cows they board for others.
Also of note is that the owners, Mark Petra Zinniker, had their farm shut down last September after state agriculture officials said more than 30 people from Walworth, Waukesha and Racine counties were diagnosed with a bacterial infection from consuming raw milk traced to the farm. Specifically, bacteria from cow feces got into the milk, with “Twenty-one victims were under the age of 18, and one was hospitalized.”
Ya, if they had their own cow on their own farm, it wouldn’t be a problem.
Judges may only consider what is before them. If both the law and the plaintiff arguments are bad, the result is predictable.
Titus,
the problem enters when idiots like the Wall Street Squatters get hold of this ruling and they’ll start screaming that NONE of us has a right to own a car, home, dog or anything.
I think this will get beat down in Appeals. But it’s some scary crap that an America Judge would, could or did rule like this. Do they require reading of the Constitution and Bill of Rights in Law School now? They obviously didn’t when Judge Bonehead went!
If you can’t see the erosion of our freedom in this then perhaps the country is in much worse shape than I feared.
Get rid of ‘perhaps’ and this pretty much sums it up.
plenary police power would reside in these states
Will come as news to the feds since they also exercise police power.
…federalism doesn’t mean devolution of power from the federal to the individual. It means devolution of power from the federal to the state.
Here I thought it was consent of the governed? Exceptionalism means the arrow goes the other way.
Tyranny is all it is and it’s becoming more obvious every moment. This judge would have been laughed out of office if you went back enough years. How many years gives us a good idea of how much freedom we’ve lost.
good lord.
(hmm. evidently my parsimonious comment was too brief. let’s try it again)
I don’t have a problem with the ruling. These people want to drink raw milk. The state of Wisconsin lets you drink raw milk from your own cow in your own backyard. That’s not what the plaintiffs were doing and they got slapped down.
States have plenary police power. As long as states assure due process, they can make any laws they want. You can vote with your feet if you don’t like the shitty laws in your state.
I think the ruling was appropriate. I understand the principle of a “right to consume what you want”, because the ability to put something in your own digestive system doesn’t necessarily take away someone elses right (unless you take their milk, which is actually part of the problem here). The US is certainly far down the road in telling people what they can put in their system, long before Michelle Obama was born. So the judge really did the right thing, and as others pointed out, the issue is this is more of a co-op, in which members didn’t necessarily own the cow that provided the milk they drank.
Tyranny? You could (and I know Rand has) say the same thing about drug laws. After all, if you decide to cut up a plant in your backyard and make brownies; saying you can’t consume it is equally tyranical as saying you can’t drink the milk of a cow in the backyard. Again, we are way down that road.
Isn’t the ruling consistent with Wickard v. Filburn?
http://en.wikipedia.org/wiki/Wickard_v._Filburn
Eeew that was horrible.
Unfortunately, the execrable decision in Wickard v. Filburn doesn’t apply, because this was a state regulation and a state court.
Out of curiosity, I read a little further on this case. The judge’s order is here. The relevant Wisconsin statute is here. It really does look like the two plaintiffs were attempting to circumvent Wisconsin’s law against sale or distribution of raw milk, and the judge ruled correctly.
Circumvention is legal. The milk came from cows they owned. The farm boarded the cows for others. This is ends justifies means otherwise known as not the rule of law. They broke no law.