Will a Tiny, Blind, Subterranean Bug Be the Undoing of the Federal Leviathan?

In 1942, deciding the case of Wickard v. Filburn, the U.S. Supreme Court deemed the wheat grown by an Ohio farmer purely for his own use and consumption—not for sale—to “exert a substantial effect on interstate commerce.” This infamous decision led many to conclude that the scope of Congress’s authority under the Commerce Clause is essentially unlimited.

Now that understanding may be upended by a tiny, blind arachnid known as the “Bone Cave harvestman” (scientific name: Texella reyesi). This cave-dwelling invertebrate, which resembles a spider, has been included by the U.S. Fish and Wildlife Service on the Endangered Species list since 1988. Pursuant to the Endangered Species Act and its enabling regulations, the “habitats” of endangered species cannot be modified or “degraded” without a federal permit.

The problem is, the Bone Cave harvestman is known to exist only in central Texas—only in Williamson and Travis Counties, to be exact.

Read More at Law & Liberty

  • “Mark Pulliam is one of the few truly fearless, devastatingly incisive, original and yet deeply learned commentators on the contemporary legal scene.  His new blog is a welcome addition and a splendid and provocative resource.”
    Professor Stephen B. Presser
    Raoul Berger Professor of Legal History Emeritus, Northwestern University School of Law
  • “Mark Pulliam is the Walt Longmire of legal conservatism. You don't want to be on the wrong end of his pen. His commentary on law, politics, and policy is not to be missed.”
    Richard Reinsch II
    Director of Law and Liberty, Liberty Fund, Inc.
  • “Mark's blistering criticism of the foibles of the lawyering class and crackpot judges is a worthy penance for a recovering attorney. And it is our gain.”
    Michael Thompson
    Shareholder, Wright & Greenhill, P.C.
  • “Maybe this man’s degree is written in crayon."
    StupidEvilBastard.com
    StupidEvilBastard.com
  • "Mark Pulliam fancies himself a Paul Revere of the right."
    Froma Harrop
    Syndicated columnist
  • “With the flourish of a pen, Mark Pulliam makes bad guys rhetorically bleed and weak guys physically cringe. It's awesome.”
    Michael Quinn Sullivan
    President & CEO, Empower Texans
  • "Mark Pulliam, writer and thinker extraordinaire, has a new blog. Make sure to visit and register. Mark Pulliam's new blog is a thing of wit and intelligence."
    Bradley J. Birzer
    Professor of History, Hillsdale College, President of the American Ideas Institute, and editor at large of The Imaginative Conservative
Featured In

Sign up for updates

Get the latest updates, news, and alerts directly from the source.
We promise, we don't spam.

Featured Tweets