I’m not exactly one of those granola-eating, whole food type consumers. I like good-tasting food and if you had to slather the thing in Crisco, bacon and transfats to make it taste good, then that’s all right by me. It’s a free country.

At least I thought it was until I came across this classic example of “legal thought” in America (via The Complete Patient):

(1) no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;

(2) no, Plaintiffs do not have a fundamental right to consume milk from their own cow;

(3) no, Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;

…

(5) no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice

The author of those words is Wisconsin Judge Patrick J. Fiedler who proves that any idiot can be a judge in Wisconsin—and some are.

Flash back to the confirmation hearings of Justice Elena Kagan and Sen. Tom Coburn’s amusing hypothetical that Kagan refused to answer: Can the federal government pass a law requiring Americans to eat fruits and vegetables. Kagan, doing her best Gregory Hines impression, danced and danced, but never said no.

There appears to be a technocratic, if not totalitarian strain in American legal thought. The 10th Amendment is non-existent and the federal government (and too many state governments) can do anything and everything under the authority of the Commerce Clause.

Judge Fielder should be removed from the bench.