Posted: May 16th, 2010 by Militant Libertarian
‘Plaintiffs do not have a fundamental right to obtain any food they wish’
The brief was filed April 26 in support of a motion to dismiss a lawsuit filed by the Farm-to-Consumer Legal Defense Fund over the U.S. Food and Drug Administration’s ban on the interstate sale of raw milk.
“There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds,” states the document signed by U.S. Attorney Stephanie Rose, assistant Martha Fagg and Roger Gural, trial attorney for the U.S. Department of Justice.
“Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish,” the government has argued.
WND has reported several times on fed crackdowns on producers of raw milk for friends and neighbors, including the recent case when agents arrived to inspect a private property belonging to Dan Allgyer in Pennsylvania at 5 a.m.
The incident was followed by a report a few days later that documented a proposal pending in Congress that critics say would do for the nation’s food supply what the new health-care reform law has done for health-care resources.