In another startling case of “Judges Gone Wild!”, Wisconsin Judge Patrick J. Fielder issued a clarification to his earlier ruling stating …
“no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;”
“no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;”
“no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice…”
Elsewhere in his remarks the Judge addresses what he sees as weaknesses in the arguments by the plaintiffs even though they build on established Supreme Court precedents such as…
- Lawrence v. Texas – right to privacy in your home
- Stanley v. Georgia – right to private, consensual conduct
- Cruzan v. Dir, Mo Dep’t of Health – right to refuse medical treatment
- Roe v. Wade – right to privacy in your own person
- and even the recent Heller v. Doe by Doe – acknowledgement of fundamental rights
The plaintiffs own cows. They milk the cows. They prefer to drink raw milk from the cows because they believe it to be healthier in some important aspects than pasteurized milk. They share their views with others. What the state of Wisconsin (successfully it seems) argued is that if you raise a cow, you have no right to control how you use the cow or its products. If you have a food product, the government can decide if you own it – for if you have no right exercise control over the use of an item, then you do not own it.
The money quote from foodrenegade.com is
“Sometimes I think I’ve woken up in a surreal alternate reality. I was raised in a patriotic glow where the right to “life, liberty, and the pursuit of happiness” was a well-defined, well-reasoned expectation. America is the “land of the free.” I do not think this means what I once thought it meant, particularly if we have no fundamental right to drink the milk from our own cows.”
Next we’ll hear that we don’t have a fundamental right to eat that cold slice of pizza leftover from last night because some bureaucrat says it’s bad for me. To paraphrase outspoken opponent of Adolf Hitler and Protestant Pastor and Martin Niemöller…
First they came my milk, and I did not speak out —
Because I had no cereal.
Then they came for the toast, and I did not speak out —
Because I had no butter.
Then they came for my pizza — and they left no beer for me either.
(Hat Tip to the Instapundit)