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Rapanos update

John Rapanos walked out of court today a free man—not because the federal government came to its senses regarding the limits of its authority under the commerce clause, but because of the Supreme Court’s decision in Booker. That decision held that district judges must have discretion over sentencing, and the district judge in Mr. Rapanos’ case found that sending him to jail for 16 months for moving sand from one part of his property to another was absurd and cruel.

But while he’s a free man, he’s still a convicted felon, and federal environmental bureaucrats are still seeking over $13,000,000 from this bankrupt grandfather. The vendetta, in other words, goes on.