18 December 2012

Attention Cat Lovers! (And Fans of the Commerce Clause)

Some may have read about the recent decision of the 11th Circuit Court of Appeals affirming the District Court's conclusion that the U.S. Department of Agricultural has the power to require the Hemingway Museum to provide a variety of "accommodations" for the six-toed cats that live on the premises. Even though the cats never leave the museum they “substantially affect interstate commerce” and thus the USDA properly subjected the museum to the requirement of the Animal Welfare Act. All of the cats are descendants of Snowball, Hemingway's polydactyl cat—a six-toed cat, and appear to have featured prominently in the museum's promotional materials.

The court probably got it right given the highly elastic nature of SCOTUS Commerce Clause jurisprudence. Whether Congress got it right with the AWA is outside my expertise much less my interest.

According to one source, the great author's original six-toed cat was a Maine Coon cat, which my grandfather also had. I would never have thought as a young child to pause to count his toes because Tom was well-known as a terror to other cats and any dogs that snooped too close to my grandfather's home. My grandfather enjoyed "playing" with Tom but always wore heavy leather gloves, a strong signal to my six year old self to keep my distance.

In any event, I am amazed at the lengths our elected representatives go to protect some forms of life and not others, even when the other carries human DNA. Just more evidence that we're visual and sentimental, I guess.

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