The Volokh Conspiracy

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Crime

Video on the raisin takings case

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The Federalist Society asked me to appear in this video on the important constitutional issues at stake in Horne v. US Department of Agriculture, the raisin takings case that will be argued before the Supreme Court tomorrow. It may not be able to compete with the Daily Show's treatment of the same subject. But it does have actual dancing raisins!

I have joined an amicus brief filed on behalf of a group of constitutional law and property scholars urging the Court to rule in favor of the property owners in this case.

Horne is one of the few cases that has gone to the Supreme Court twice. In 2013, the Court unanimously rejected the federal government's claim that the property owners should not even be allowed to present their Takings Clause argument in federal court without first paying some $483,000 in fines and pursuing various likely futile administrative remedies.