US Supreme Court's decision in Horne v. Department of Agriculture aka Raisin growers case

By Yasser Latif Hamdani

The US Supreme Court's decision in Horne v. Department of Agriculture aka Raisin Growers Case is one which will be debated for a long time to come. It sets down that regulated industries don't have to pay fines unless the constitutionality of the fine is decided first.


The facts:

The regulator required that raisin growers put aside a part of their produce to help boost the price of raisin. The farmer in question did not do it and was fined. The farmer challenged the fine as being un-American and unconstitutional under what is called the "Takings Clause" i.e. uncompensated seizure of property by the government which is a violation of the bill of rights.

Ruling :

The Supreme Court ruled that the farmer would not have to pay the fine before the constitutionality of the said fine is first determined. The impact of this will be that it will allow farmers and possibly other regulated industries to blunt the orders of the government and would mean a dissipation of the regulator's authority.

Clarence Thomas J. wrote the opinion for the US Supreme Court.