Latest from Ilya Somin

Fifth Amendment

Unanimous Supreme Court Ruling Bolsters Right to File Federal Takings Cases Against State and Local Governments

The Court clarified that the challenged policy need only be a "de facto final" decision, and that property owners are not required to exhaust all possible state bureaucratic procedures before filing a federal takings case. The Court also emphasized that Takings Clause property rights have "full-fledged constitutional status."

|The Volokh Conspiracy |