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crime and punishment general freedom judiciary property rights

Property Rights vs. Absentee Frogs

frog, Supreme Court, property

When an assault on individual rights achieves a certain depth of irrationality, the Supreme Court is capable of common sense. Even unanimous common sense.

The 8-0 ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service pertains to the desire of the U.S. Fish and Wildlife Service to designate over 1500 acres of Louisiana land a “critical habitat” of the dusky gopher frog. The designation means that owners may not develop the land that they own in even the simplest ways without consulting with/begging permission from bureaucrats.

If a property owner has an actual right to his own property, the government cannot properly commandeer even one square inch of it to appease Lithobates sevosus. Give the creature a YouTube video and leave it at that.

But sevosus doesn’t even inhabit the so-called “critical habitat.”

The frog is not on the property!

This fact enabled Chief Justice John Roberts (not always clear on the meaning of words) the chance to emphasize that words have meaning. “According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat,’” Roberts clarified. “Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat.”

Concurring, pundit George Will says that the decision represents “a recuperative moment for the court” and delivers “a chastisement of the administrative state, the government’s fourth branch, which is one too many.”

Is this ruling as thoroughgoing as it should be? No. Nevertheless, the decision is surely a victory for minimal common sense. Of which we could use more.

And more, also, of maximal common sense.

I’m Paul Jacob.

 

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Photo credit: US Department of Agriculture

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Common Sense ideological culture media and media people national politics & policies too much government

The Underground Amphibian

Purple Pig-Nose Frog, Ghats mountain range in India, KEK, Kekistan, endangered

A new species of frog has been discovered, and I’m just happy it has nothing to do with online japes and jibes about Trump, social justice, or an ancient Egyptian deity. But before you can say “Praise Kek,” please note:

Sometimes a frog is just a frog.

But this frog is special, living most of its life underground. It is purple. And though this is not stressed in the reports, it’s markedly gelatinous.

In an article entitled “New Purple Pig-Nose Frog Found in Remote Mountains,” Jason Bittel explains that the frog comes above ground only when it rains — which in the Western Ghats mountain range in India is during monsoon season.

Named after the discovers’ late colleague, Dr. Subramaniam Bhupathy, it is dubbed Bhupathy’s purple frog (Nasikabatrachus bhupathi). I have to tip my hat to them, so to speak, for the herpetologist’s first name seems more fitting for a submerged-in-earth amphibian: “Subramaniam purple frog” would almost qualify as a pun. And, as readers of these Common Sense squibs will confirm, I am not always so valiant in resisting the art of the pun.

But you don’t read these commentaries for science news.

So, a moral.

Around the world, amphibians are disturbingly under threat. As Alex Jones hyperbolizes, “they’re turning the frogs gay!” But be that as it may (or, more likely, may not), even under greater threat is political common sense.

Let’s hope it, too, will emerge with the coming monsoon.

In India? Your neighborhood? Kekistan?

Probably not in Washington, D.C. But it’s Friday, we can at least hope.

This is Common Sense. I’m Paul Jacob.

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