taking clause

Raisins D’Etre?

Further proof that takings law is a mess, from a case involving government support for raisin growers.

Horne v. USDA might well have been a law professor’s hypothetical.  In order to smooth out raisin prices, the federal government has a program of taking “surplus” raisins off the market and diverting them to “non-competitive markets” like foreign countries and school lunch programs.  The effect is to keep up market prices for raisins.  The …