A Couple Of Pigford Thoughts

I know you need some Pigford to keep you going through the weekend, so here’s a couple of stray thoughts…

1) An Appeal By Any Other Name

This is from Paul Friedman’s decision on the Pigford settlement…

“…there is no right to appeal those decisions, except that the Monitor shall direct the arbitrator or adjudicator to reexamine the claim if he determines that a “clear and manifest error has occurred” that is “likely to result in a fundamental miscarriage of justice.”  Consent Decree at ¶¶ 9(a)(v), 9(b)(v), 10(i), 12(b)(iii)

Well, something must have changed because 10% of the decisions in Pigford were not only appealed but were actually overturned, according to the government’s own official numbers.  There’s a chart showing ‘reexamination results.’ Check it out — thousands of results changed. How is that not an ‘appeal’?

I want to make it clear that I’m not opposed to these appeals. Some of them actually were the only way that bona fide farmers actually got anything  from the settlement. But – something clearly happened and it’s different than Friedman’s decision.

What I think this does show is the whole process was screwed up and needs investigation. But you knew that already, right?

(more…)