Hot News--No Marketing Quota

Ironically, given the prominence of Wickard v. Filburn  in the arguments over the constitutionality of the PPACA (healthcare), USDA just announced there will be no marketing quotas for 2013 crop wheat.  (Because the 2008 farm bill only covered through 2012, the 1938 AAA comes back into effect for 2013 wheat.  If the Secretary thought quotas were needed to balance production and demand, he would have announced they were in effect and called for a referendum of wheat producers to vote on whether the quotas would be implemented.  If the producers approved quotas, then we would be back in the situation which created Wickard v Filburn.