Supreme Court Justice Antonin Scalia has died
10 years ago
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USSC Rules in Favor of Farmers & Consumers
Comments (8)Okay Monte, here's the rest of the article from the LA Times. The current adminsitration has held firm to the narrow intertpretation from the early '90's. In re to you question to Bruce, Strongarm was advertised as being effective in all areas where peanuts were grown. Only after farmers in areas where the soil is very alkaline suffered crop failure, Dow changed the label. The farmers did use as directed. During most of the 20th century, Americans who were hurt or killed by toxic chemicals could sue the maker of the product in state court. But more recently, lawyers for the chemical industry convinced courts in much of the nation, including California, that the federal law regulating the pesticides barred such lawsuits in state courts. Four years ago, the Bush administration adopted this pro\-industry position, saying that once a pesticide or weedkiller had won EPA approval, it had a federal shield against being sued even if the product did not work as advertised. The case of 29 Texas peanut farmers illustrated the issue. Five years ago, they were persuaded by agents of Dow Chemical Co. to try Strongarm, a powerful, newly approved weedkiller. The farmers say Strongarm killed not just their weeds, but also their peanut plants. "They just plain withered away," said Ronnie Love, 63, who said he applied Strongarm to 150 acres when he seeded his fields that spring. Despite a summer of heavy watering, the peanut plants were stunted and failed to produce a crop, he said. Love and the other farmers say Dow reneged on a promise to compensate them for millions of dollars in crop losses. They notified the company that they intended to sue in a Texas court under the terms of the state's consumer protection law, which allows suits for products that are defective or are deceptively marketed. But before they could file their claims, lawyers for Dow went to a U.S. district court in Lubbock and asserted it was shielded from such suits. A federal judge agreed with Dow and dismissed the farmers' suit. And the U.S. 5th Circuit Court of Appeals in New Orleans agreed as well, saying federal law that regulates pesticides preempts or bars lawsuits in a state court. The California Supreme Court handed down a similar ruling five years ago. But the Supreme Court took up the case of the peanut farmers Bates vs. Dow AgroSciences and ruled Wednesday that the lower courts were wrong to throw out such claims. Justice John Paul Stevens noted that the EPA did not test products to see if they were effective. It simply relies on information supplied by the manufacturer. After the peanut crops in Texas failed, Dow changed Strongarm's product label to say the weedkiller should not be used in regions with high\-alkaline soils, which are common in Texas and Oklahoma. The company did not acknowledge liability for the earlier damage. Stevens described the 1972 law as an effort by Congress to impose greater regulation on "poisonous substances." Converting it into a shield against lawsuits would "create not only financial risks for consumers, but risks that affect their safety and environment as well," he said. "This is a huge win for farmers, and I think it will have a big impact in the agriculture industry," said David C. Frederick, the Washington lawyer who represented the peanut farmers. "Pesticide makers and farmers have to work together. And if something goes wrong with a pesticide, the farmers deserve to be compensated. Now the courthouse door is open to them again after being closed for the past 15 years." Patti Goldman, a lawyer in Seattle for the environmental group Earthjustice, said the ruling would help consumers and workers harmed by pesticides. She and other lawyers cited cases of children sickened by pesticides that had drifted from fields into residential areas and that of a young man who died after riding a horse that had been sprayed with a pesticide. Recently, such lawsuits had been dismissed prior to a trial. Wednesday's ruling does not mean the plaintiffs will always win, the lawyers said, noting that they would have to prove the product was defectively made or inadequately tested to prevail in court. "This just means that people will be allowed to sue for compensation when they are harmed by a pesticide," Goldman said. "The court recognized that these \[EPA\-approved\] labels are written by the manufacturers." The Bush administration, the chemical industry and other business groups joined the case on the side of Dow Chemical Co., arguing that the court should erect a barrier to such lawsuits. "This is a complete loss and a big disappointment," said Steve Bokat, general counsel for the U.S. Chamber of Commerce. "Our concern is that this gives an opening for the plaintiffs' bar to bring more tort claims against large companies." In his opinion, Stevens pointed out that the Clinton administration believed that the federal pesticide registration law did not shield manufacturers from all lawsuits. The Bush administration reversed course in 2001 and said the law as originally written did block such claims. Stevens called the new interpretation "particularly dubious" and not entitled to much deference from the high court. Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined the court's opinion. Justices Clarence Thomas and Antonin Scalia dissented in part, criticizing the court for "tipping the scales in favor of the states and against the federal government" by allowing lawsuits in state courts. Thomas said most of the legal claims raised by the peanut farmers should have been thrown out of court. http://www.latimes.com/news/printedition/asection/la-na-scotus28apr28,1,6944888.story?ctrack=1&cset=true...See MoreWeekend Trivia ~ Saturday
Comments (23)Oh Bobbie - yes, you got it. I am such a Canadian, I did miss the end of the Vietnam War :( I was going for something much lighter and sillier - Dr. Hook and the Medicine Show finally made the cover of Rolling Stone, several months after releasing the song. This cracks me up and makes me realize how much our musical standards have been raised. Oh my - but it is still fun. So, for Bobbie: Thanks for playing, sorry for the misdirection. See you next week. Nancy. Here is a link that might be useful: The Cover of Rolling Stone...See MoreDave Brubeck has made his final departure
Comments (5)Yes, Ed - a lot of great talents have died - just reminds me to enjoy every day, realizing I'm getting 'up there', too. Rest in peace, Dave, knowing you were loved in this world - THANK YOU! Here is a link that might be useful: Dave Brubeck died Wed., Dec. 4, 2012...See MoreTrump Won! (The Party Thread)
Comments (35)The amendments are now a part of the constitution, so of course they should be included in interpreting the constitution and enforcing its protections. However, I believe the constitution (including the amendments) needs to be read based on the plain language of the constitution, based on what the words of the constitution clearly mean in light of the text and historical record. The constitution should not be read in light of what the judges think is good at the time. The guarantees of rights should not ever change to be either expanded or curtailed (unless amended) and the plain language should not be contorted to create "rights" which the founders did not intend nor to abridge rights which the founders intended. The court should not be ushering in social change (no matter how good that change is), as this places FAR too much power in 9 unelected judges and it also makes those so-called constitutional rights fragile to changing whims of the court. Social progress should come from winning hearts and minds, which in turn can cause legislatures to change laws or can lead to amendments (which would then become a part of the constitution). Of course the constitution has to evolve and change. However, there is a difference between going through the process of adding amendments (which is a complicated process for a reason) and having 9 unelected and unaccountable people suddenly make up a right out of whole cloth. You can look at the commerce clause as an example. It says the federal government has the power to regulate commerce between the states. That is ALL it should mean, but it has been dramatically expanded to permit the federal government to weigh in on just about everything in life. For another example, while I personally am strongly in favor of gay marriage and abortion, these are not constitutional rights because the constitution says nothing about these rights (neither prohibiting nor guaranteeing). Perhaps they should be constitutional rights (actually, I think the government should completely stay out of regulating abortion other than as necessary to ensure the safety of clinics, and the state should have no involvement in sanctioning any marriages, gay or straight) but if they should be rights, then this should be done through the amendment process. If you want to learn more, you can look up originalism or read about Scalia's judicial philosophy: http://www.law.virginia.edu/html/news/2010_spr/scalia.htm Lawyers “are not trained to be moral philosophers,” which is what it takes to determine whether there should be a right to abortion or assisted suicide. “History is a rock-solid science compared to moral philosophy,” Scalia said. “All these questions pose enormous difficulty for non-originalists, who must agonize over what the modern Constitution ought to mean with regard to each of these subjects, and then agonize over the very same questions five or 10 years later, because times change,” he said. During the last assisted suicide case, a majority of the court said it was “not prepared” to announce a constitutional right to what at the time was universally criminalized conduct. “Stay tuned,” Scalia said. Similarly, in the course of 16 years, the court changed its decision that juvenile capital punishment was permissible and declared it cruel and unusual punishment. Originalism is not a guarantee against judicial abuse, Scalia admitted. “But originalism does not invite him to make the law what he thinks it should be, nor does it permit him to distort history with impunity,” he said. The honest originalist will sometimes or often reach results he does not personally favor. “All of this cannot be said of the constitutional consequentialists....See More- 10 years ago
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