Filbrun had been penalized for exceeding the amount of wheat he was allowed to grow under a New Deal law, the Agricultural Adjustment Act of 1938. He challenged the law, claiming Congress had gone beyond its constitutional authority to regulate interstate commerce.
Filbrun claimed his wheat stayed put and never left his farm, let alone Ohio. Instead, he said he used the crop to feed his livestock. But he did sell milk and eggs from his dairy cows and chickens to his neighbors, said Jim Chen, dean of the University of Louisville’s law school, who has written about the case.
The Supreme Court ruled unanimously against Filbrun.
“The argument is that the government can use its regulatory power to reach an individual actor whose conduct affects interstate commerce, even if that actor is not directly participating in interstate commerce,” Chen said.
Opponents of the health care law have marshaled several arguments: that the Supreme Court went too far in its decision against Filbrun, or that the 1942 decision sets an outer limit on congressional authority under the commerce clause.
They also are likely to argue that Filbrun was actively taking part in the economy through farming, while the federal health care law compels people to pay for health insurance simply because of their citizenship.
Opponents will argue that “inaction is not the same as action,” Chen said.
However, supporters of the law would counter that people who don’t plan to take part in the health care system often become sick and end up in the emergency room. The government often foots the bill for much of that care.
Wickard vs. Filburn is frequently cited in legal briefs filed in the case, said Richard Saphire, a University of Dayton law professor.
Efforts to reach Filbrun’s family were unsuccessful.
Ashley Breidenbach of Englewood founded the Filburn Foundation to raise awareness of the court case, as well as money for a historical marker designating the farm site. She’s created a website on the case, thefilburnfoundation.com.
“One person can make a difference,” Breidenbach said of Roscoe Filbrun. “He thought Congress had overstepped, and took a stand.”
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