Federalist Society Courthouse Steps Podcast on Pung v. Isabella County Takings Case
I took part along with Deborah La Fetra of the Pacific Legal Foundation (who helped litigate the case).
Fifth Amendment
Guns, Property Rights, and the Second Amendment
The government cannot force private property owners to allow guns on their land. But the Supreme Court rightly ruled today that it also cannot impose a presumption of exclusion.
Fair Market Value Compensation for Takings is Often too Little, not too Much
Fair market value often fails to fully compensate property owners for their losses. This makes the Supreme Court's recent decision allowing compensation below fair market value even worse.
The Government Seized Their $195,000 Home Over a $2,242 Debt. What Does the Supreme Court Say They're Owed?
The Pung family of Isabella County, Michigan, maintained they were entitled to fair market value. The high court disagreed, but with a twist.
Supreme Court Issues Terrible Takings Decision in Pung v. Isabella County
The Court ruled that local goverments may pay compensation far below fair market value for property seized in tax foreclosures.
My New Washington Post Op ed on NYC Mayor Mamdani's Unconstitutional Housing Policy
His plan to expropriate rental housing violates the Takings Clause, and would exacerbate the City's housing crisis rather than alleviate it.
Bernie Sanders' Dangerous and Unconstitutional Plan to Expropriate AI Firms
The plan to seize 50% of AI firms' stock violates the Takings Clause of the Fifth Amendment. It would also create dangerous government control over a vital industry, in ways similar to Trump's policies.
A SWAT Team Destroyed an Innocent Woman's Home. She's Been Waiting 6 Years for Justice.
Vicki Baker is more fortunate than several other similarly situated victims. But it took a very long time to get there.
How the ACLU Started Defending the Second Amendment
The civil liberties group, which long maintained that there is no constitutional right to arms, sang a different tune at the Supreme Court this year.
Important Takings Challenge to Los Angeles Historic Preservation Law "Monument" Designation
Historic preservation laws often violate constitutional property rights, and block construction of new housing.
Innocent Property Owners Deserve 'Just Compensation' When Cops Wreck Their Homes or Businesses
Two petitions ask the Supreme Court to uphold the remedy required by the Fifth Amendment.
Police Destroyed Innocent People's Property—and Left Them With the Bill. Will the Supreme Court Step In?
The Fifth Amendment's Takings Clause promises "just compensation" when private property is taken for public use. But some courts have ruled that it does not always apply when police are involved.
New Book Chapter on "The Right to Use Private Property"
It argues that the right to use property is central to both the value of property rights generally, and the property rights protected by the Takings Clause of the Fifth Amendment.
Thoughts on the Supreme Court Oral Argument in the Pung v. Isabella County Takings Case
Most of the discussion was focused on the wrong issue. What matters under the Takings Clause is not the "fairness" of the process by which the owner's house was taken, but whether he got adequate "just compensation."
The ACLU, Long Leery of the Second Amendment, Joins the NRA in Urging SCOTUS To Uphold Pot Users' Gun Rights
"We see this as an important civil liberties issue," says an ACLU lawyer.
The NRA and NORML Unite To Oppose the Federal Gun Ban for Marijuana Users
Drug policy reformers and Second Amendment advocates team up in a case before the Supreme Court.
More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties
Harvard law Prof. Maureen Brady uncovers relevant evidence from late-nineteenth century state constitutional conventions.
Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London
I co-edited the symposium along with Eric Claeys and David Schleicher, and am also one of the contributors.
Innocent Man Sues for Over $60,000 After Police Blew Up His Business. A Court Says He's Entitled to Nothing.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
Bail Reform Faces Backlash as Policymakers Move To Require Cash Bond for Pre-Trial Defendants
Critics of cash bail say it creates a two-tiered justice system: Those who can pay maintain their freedom, while those unable to pay remain behind bars.
Covid Beach Closures, the Takings Clause, and the Police Power Exception
A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
A Rookie Procedural Mistake by James Comey's Prosecutor Could Doom the Case Against Him
Interim U.S. Attorney Lindsey Halligan concedes that the grand jury never saw the "edited" version of the indictment.
COVID Closure of Private Beach Access Constitutes a Taking
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
Less Indictable Than a Ham Sandwich
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
Federal Judge Blasts 'Disgusting' ICE Facility Conditions, Orders Basic Humane Treatment for Detainees
“The evidence has been pretty strong that his facility is no longer just a temporary holding facility,” said U.S. District Court Judge Robert Gettleman. “It has really become a prison.”
This Indiana City Doesn't Have To Pay an Innocent Mom $16,000 After Police Wrecked Her Home, Court Rules
Law enforcement launched 30 tear gas canisters into Amy Hadley's home, smashed windows, ransacked furniture, destroyed security cameras, and more. The government gave her nothing.
91-Year-Old Pennsylvania Woman With Dementia Loses $247,000 Home Over a $14,000 Tax Debt
Gloria Gaynor had almost finished paying off her house in Upper Darby, Pennsylvania. But she will not see a dime in equity.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Appeals Court Rules Takings Clause Creates Cause of Action Even Without Additional Federal or State Legislation
Victims of uncompensated takings can sue directly under the Constitution. The case involved uncompensated seizure of horses.
Update on Potential Condemnation of New Jersey Church to Build a Park and Pickleball Courts
After a public outcry, the scheduled vote on the plan to use eminent domain has been postponed indefinitely. If the Town of Toms River does try to condemn the church, there is likely to be a major legal battle.
The Government Took Their Home Equity Over Modest Debts. Michigan's Supreme Court Just Threw Them a Lifeline.
Years after home equity theft was ruled unconstitutional, Michigan keeps looking for ways around the ruling.
For Years, Oregon Stole People's Home Equity Over Modest Tax Debts. A New Law Puts an End to That.
The state just cracked down on a form of state-sanctioned robbery, where governments seized and sold homes over minor tax delinquencies—and then pocketed the profits.
Trump's Alien Enemies Act Deportees Sent Back to Venezuela in Shameful Hostage Deal [Updated]
After being ilegally deported and imprisoned in El Salvador, they will now be sent back to the oppressive regime they fled in the first place, in exchange for ten Americans detained by the Venezuelan government.
Seattle Property Owners Challenge Program That Charges 'Affordable Housing' Fees for Building New Homes
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
My Forthcoming Article on " Public Use, Exclusionary Zoning, and Democracy"
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.
But now his case against the government can move forward.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
Police Blew Up This Innocent Woman's House and Left Her With the Bill. A Judge Says She's Owed $60,000.
Vicki Baker's legal odyssey is finally coming to an end.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
