Was Miller’s case doomed from the beginning?
Does a 1942 court precedent set the stage for failure?
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Wickard v. Filburn
The infamous 1942 Wickard v. Filburn case cemented the commerce clause as a way to regulate not only commercial sales of food, but private use as well.
The precedent does not bode well for Miller’s ongoing court case. Last week, a PA court upheld an injunction against him.
All you need to do is look at the facts of Miller’s case to know full well that the sensationalism surrounding the case is whipping up a frenzy in Americans who are being duped or simply want to be mad at something.
Truth be told, Miller’s case can’t win in court or a non-partisan “court of public opinion”
The US government IS over bloated, aging, and incoherent. The Inconsistencies in our laws pour like water through a sieve.
That much, we can basically all agree on. But what are we going to do about it?
Does this case have the potential to reduce regulations on hard working farmers or is it more likely to leave a wake of destruction in our fields?
It appears that Miller and his attorney have now filed with the courts to “allow” Miller to sell raw milk across state lines.
According to LancasterOnline
“In their Monday [March 4, 2024] filing asking a judge to allow out-of-state sales, Miller’s attorneys say they’re raising a significant legal question: “Whether the state's raw milk laws can reach beyond the state of Pennsylvania.”
The attorneys wrote Miller will face “substantial irreparable injury” if he can’t sell to out-of-state customers and those customers “will suffer substantial harm if not afforded access to these products.”1
But, a huge obstacle to this court’s granting this absurd request is the existing ban on interstate transportation of raw milk for human consumption. 21 CFR 1240.61
I ask you, my readers, this… What about all of the other farmers and their customers across the nation? What “substantial irreparable injury” and “substantial harm” have they suffered already due to Miller’s non-local sales and his recent USDA court loss? Will they soon be facing new and even more crippling damages and injuries due to Miller’s self-centered actions?
Is the PDA really the problem in this case?
The facts of the case and the clarity of the law make the outcome entirely predictable: Miller will almost certainly lose in court creating a further unwanted precedent along with added scrutiny on other farmers while exhausting the resources and good will of his supporters.
Food for thought–in some people’s eyes the PDA “may” not have the right to assert jurisdiction regarding interstate commerce going out of state. In reality, they certainly have the right, as the laws stand, to assert jurisdiction over production standards and safety practices within Pennsylvania.
I do not believe that PA and its citizens want to be held morally and financially accountable for one man’s apparent greed, ego and lack of respect for state–and federal–laws and his consumers' health.
Are the sensationalism and vitriol creating divisions that may never heal?
Miller’s conduct appears to intentionally deepen resentments in an already divided America. Do we want that?
It’s obvious that some do. The anger and hate fomenting against the “government” has intentionally or unwittingly destroyed too many souls already.
The PDA is not the enemy you are looking for.
This is not a war that ANYONE will win, least of all hungry, hard working Americans.
To all those who got wrapped up in the sensationalism, donated, or propped up Miller’s case as an example–has it occurred to you that Miller’s deeply divisive rhetoric affects other farmers? Or is Amos Miller the only “small” farmer who counts?
Will your donations unknowingly add scrutiny to the livelihoods of other farmers? How will it impact their customers?
Before raising your pitchforks in blanket defiance of those who believe in safe and transparent food production practices, understand the implications.
Again, I ask you this…where is the fundraised money going? Do you understand, and therefore agree, with the integrity of those controlling it? Do they truly represent YOU?
Are these the heroes you’ve been waiting for?
The real heroes
In an unexpected conversation this weekend, I was reinvigorated by someone else’s gardening journey–their willingness to tackle an unknown path in the face of challenges.
The heroes are the moms and dads gardening with their children and teaching them to prepare the foods they harvest. The heroes are the farmers who nourish the soil day in and day out to feed their communities clean, wholesome food and to build topsoil that can sustain us.
The heroes are the “conventional” farmers exploring new ways of thinking and growing that still offer profit, but also implement healthier solutions.
And the heroes are those–whether inside or outside of government–who are working hard to make meaningful changes legislatively and in our broken or corrupt food policy by expanding exemptions and inspiring and encouraging more people to get involved in our food production, processing, and preparation.
There is no limit to the level of cooperation and inspiration we can gather from each other’s food security journeys.
We must continue the work to transform our food systems
We are already so deeply divided, the only possible means of coming together soon, and in peace, is to meet in the gardens, our kitchens, and at our dinner tables.
For those who are claiming that we need government out of our food….
We’re not ready. No one is. Yes, we need transition and transformation but not a societal disruption prior to leaping from one stone to another.
I know that my readers are a special subset. But, when most of our fellow Americans would rather watch a mindless influencer skit, semi-reality show or head to an amusement park rather than learn how to grow or process food, we are ALL in trouble.
As fewer and fewer people cook and while convenient “food” is made cheap and abundant, we ALL fall deeper in trouble.
When our beloved family and friends think of travel as an entitlement and there is no need to learn how to tend the land we are on–however little that may be–we are ALL in trouble.
Transforming American food systems given the level of complacency is a daunting challenge.
But if you can see the beauty in producing food together, learning from one another, and sharing the fruits of those efforts, then we’ll grow something that will inevitably take over some of the current roles of government.
Without that transformation occurring BEFORE “eliminating government” from our food systems, the fact is, many would starve or be killed for what little food they have left.
Local food security is the viable solution
With “freedom,” comes enormous responsibility.
True food security and “food freedom” doesn’t happen from hundreds or thousands of miles away. You can’t outsource it.
If you want food security, if you crave food freedom, then there is only one path towards that: taking responsibility on the local level for food production and food processing. It’s HARD. And that’s why currently only 1% of Americans are considered farmers or farm workers. But we can change that statistic and indeed, it might be the most important one we need to change in the coming decade.
Building a new foundation often means having difficult conversations. It means not seeing each other as democrats or republicans, or labeling each other as conventional or “organic,” but it means we must come together as neighbors.
Food security must happen locally–with people involved in their food production and processing and people understanding what goes into the soil. This is indeed the very essence of common ground.
Right now, building bridges with our counterparts, whichever side you sit on, is way more advantageous than blowing them up.
Be a hero at any level you can. Will you at least try? Start somewhere, anywhere. Starting today!
About Raw Milk Mama: I believe that we can reclaim our food systems through direct action. But it takes your participation whether you’re growing food, processing, or willing to support those who are. And sometimes, it takes taking direct action or calling on your state or federal elected officials.
I’m dedicated to helping people understand our food system and how we each fit into it.
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Yes, I agree with all you have recommended. Any little thing that we do to secure food that we grow, help others grow or raise, and form community around this will spiritually combine to make us winners no matter what Miller and his agenda and cronies do. We are taking the high road so I believe we have help from our intergalactic friends also. You are a hero Liz and so are all who assist you.