Please look it over. Please, please read it. For it shall be awesome when you do
Plaintiffs are individuals who purchase unpasteurized milk in states where those
purchases are lawful and then transport the products for personal consumption into
states where the sale of such products is unlawful, Am. Compl. ¶¶ 6-29, who contract
with an agent to obtain unpasteurized milk from a state where such products are lawful
and then receive them in a state where the sale of such products is unlawful, id. ¶¶ 30-
35, who sell unpasteurized milk to out-of-state residents in a state where those sales
are lawful, id. ¶¶ 36-43, and a non-profit organization that defends and protects the
right of farmers to directly provide, and for consumers to directly obtain, unprocessed
and processed farm foods and whose members are strongly opposed to the
enforcement of FDAs regulations, id. ¶¶ 4-5, 51-54. Plaintiffs seek a ruling by this
Court that FDAs regulations are illegal as applied to them so that they may travel
across State lines with legally obtained raw dairy products; . . . provide for the care and
well being of themselves and their families; and produce, obtain and consume the
foods of their choice. Id. ¶ 60.
Noticeably absent from plaintiffs Amended Complaint, however, is any allegation
that FDAs regulations have ever been interpreted or enforced in the manner feared by
plaintiffs. In fact, the government has neither brought nor threatened to bring a single
enforcement action against consumers who purchase unpasteurized milk for personal
consumption or retailers of such products who do not engage in interstate commerce.
Plaintiffs have no standing to bring this speculative pre-enforcement challenge, their
case is not ripe, and long standing Supreme Court precedent establishes that FDA
enforcement actions may not be enjoined.
You can just
feel the author of that sighing when he wrote it out
I'm all for a democracy. But in order for a democracy to work, people have to be willing to work for the democracy. That means that you have to be willing to do your own legwork and stop relying on shock-and-awe tactics used to make all of us think our government is a sinister group of Illuminati-controled, mustache stroking villains who get up every morning to drink the tears of virgins and feast on the condensed fears of a population it strives to rule under an iron fist as a Socialist-Communist-Nazi-Mason regime.
Also, as snarky as all that was, I genuinely do appreciate the link being posted. Google just wouldn't bring it up for me, which was really frustrating.