Note: The U.S. Supreme Court has granted certiorari in the following case: Horne v. United States Department of Agriculture, No. 10-15270, 2011 U.S. App. LEXIS 15284 (9th Cir. Jul. 25, 2011), aff'g, No. CV-F-08-1549 LJO SMS, 2009 U.S. Dist. LEXIS 115464 (

(plaintiff, raisin grower, is a "handler" who "acquired" raisins and is, thus, subject to Ag Marketing Agreement Act of 1937 and the order regulating the "Handling of Raisins Produced from Raising Variety Grapes Grown in California"; penalties imposed by judicial officer did not violate the Excessive Fines Clause of the Eighth Amendment; Marketing Order's reserve requirement that a certain percentage of annual raisin crop be contributed to government-controlled reserve pool does not violate Due Process Clause of Fifth Amendment as a physical taking of plaintiff's private property without just compensation; judicial officer's decision to dismiss plaintiff's administrative petition not arbitrary, capricious, abuse of discretion or contrary to law; penalties imposed for plaintiff's "self-help" noncompliance with Marketing Order not violative of Excessive Fines Clause of Eighth Amendment; summary judgment for defendant upheld).