Two More Worthy Additions to the "Anticanon" of Constitutional Law - Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
Property Rights
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law - Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
California Enacts Two Important New Zoning Reform Laws
Senate Bill 9 and Senate Bill 10 would make it easier to build new housing in much of the state.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
Critics of the SCOTUS Decision Against the CDC's Eviction Moratorium Might Miss the Rule of Law When They Need It
The Court said it "strains credulity" to believe that Congress gave the CDC the "breathtaking amount of authority" it asserted.
Supreme Court Says Private Property Rights and Separation of Powers Do Still Exist in U.S.
Plus: Biden won't budge on Afghanistan, bad news for psychedelics measure in California, and more...
Environmental Protection Agency
Will Chantell and Michael Sackett Get Another Day in the Supreme Court?
The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.
The Honorable Thomas Griffith, Blogger
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
Rashida Tlaib Supports Legislation Canceling Rent. She Also Made Up to $50,000 as Landlord Last Year.
The Michigan congresswoman is a co-sponsor of a bill that would suspend all tenants' obligation to pay rent through April 2022.
If Texas Businesses Are Free To Require Face Masks, Why Can't They Require Proof of Vaccination?
Gov. Greg Abbott's position on private vaccination requirements is confused and confusing.
$547 Fine Violates Excessive Fines Clause, When It Exceeds the Target's Ability to Pay
So the Washington Supreme Court holds in a case involving a man who was living in his truck, and who had to pay the money when his truck was impounded for being parked too long in one place.
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
Eviction Moratorium Madness
The Reason Roundtable discusses property rights, vaccine passports, and media ethics.
After Claiming It Didn't Have the Power To Impose A New Eviction Moratorium, the Biden Administration Imposes a New Eviction Moratorium
The new eviction moratorium applies to the 90 percent of counties in the U.S. where the spread of COVID-19 is "substantial" or "high."
A Takings Clause Lawsuit Against the CDC Eviction Moratorium
Thanks to the Supreme Court's decision in the Cedar Point case, this suit has much better odds of success than previous takings challenges to eviction moratoria.
A Massachusetts Commission Recommends Long-Overdue Reforms to the 'Worst Civil Forfeiture Laws in the Country'
The commission says the legislature should raise the standard of proof and remove the financial incentive that encourages cops and prosecutors to pursue profit instead of public safety.
Federal Appeals Court Sneaks in One Final Ruling Against the CDC's Expiring Eviction Moratorium
Circuit Judge John K. Bush accuses the federal government of laying claim to "near-dictatorial powers."
This Woman Faces $165,000 in Fines for 3 Trivial Code Violations
Sandy Martinez is challenging the exorbitant penalty for driveway cracks, a storm-damaged fence, and cars parked in an "unapproved" manner on her own property.
My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
It's the second in a two-part series on eminent domain reform.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
Should an Originalist Justice Support Overruling Kelo v. New London?
The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.
Three Supreme Court Justices Signal Willingness to Reconsider Kelo v. City of New London
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Eminent Domain Prevails Over Sovereign Immunity in Supreme Court Case Both Sides Deserved to Lose
The Court's ruling in PennEast allows the federal government to delegate the power of eminent domain to private firms seeking to condemn state-owned property.
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."
My "The Hill" Article on Cedar Point Nursery v. Hassid
The article assesses today's important Supreme Court property rights ruling.
Supreme Court Decision in Cedar Point Nursery v. Hassid is a Major Victory for Property Rights
The ruling makes it far more difficult for the government to authorize physical invasions of private property without having to pay compensation under the Takings Clause.
Cheerleaders and Property Owners Prevail in the Supreme Court (Updated)
Today produced one of the Supreme Court term's few true conservative-liberal splits, and showed additional signs of a generational divide on criminal law.
My Washington Times Article on the Need to Limit Government Power to Take Private Property
The article is Part I of a two-part series.
My New Article on "The Normality of Knick"
It responds to a critique of the Supreme Court's major property rights ruling in Knick v. Township of Scott, by Profs. Stewart Sterk and Michael Pollack.
Malibu Man Fined $4.2 Million Over Disputed Beachfront Gate
Warren Lent is suing the California Coastal Commission, arguing that its power to unilaterally hand down massive fines with minimal process is unconstitutional.
My New Article on "Migration and Self-Determination"
The article, which is available free on SSRN, criticizes claims that governments have a right to exclude migrants based on various theories of self-determination.
When Is a Civil Forfeiture Based on Drug Offenses Excessive? Always.
The question of proportionality assumes that punishment is appropriate for peaceful conduct that violates no one's rights.
Indiana Supreme Court Finally Puts an End to the Timbs Asset Forfeiture Case - "Reminiscent of Captain Ahab's Chase of the White Whale Moby Dick"
The case has generated three state supreme court decisions, plus a landmark ruling by the federal Supreme Court.
In a Rush To Ban Vaccine Passports, Texas Is Violating Private Property Rights
Texas Gov. Greg Abbott says he stands for freedom. That doesn't apply to business owners.
Neighbors Won't Let Decaying L.A. French Restaurant Die, Despite Owner's Wishes
Cruel NIMBYism hides in call for historic preservation.
Land-Use Restrictions Cause Housing Shortages in Britain, too
As in the US, they often block the building of new housing in response to demand.
Sixth Circuit Rules Property Owners Can go to Federal Court to Argue Takings Clause Bars Seizure of Home Equity in Cases Where Property is Foreclosed to Pay off Tax Delinquencies
The ruling may be the first major effect of the Supreme Court's 2019 decision in Knick v. Township of Scott, which ruled that property owners are not required to "exhaust" state court remedies before filing takings cases in federal court.
Arizona's Newly Enacted Forfeiture Reforms Will Make It Harder for Cops To Steal Property
The new law requires a criminal conviction prior to civil forfeiture and beefs up due process protections for property owners.
A 5th Federal Court Has Struck Down the CDC's Eviction Ban
The latest ruling from the a U.S. District Court in D.C. finds the agency vastly exceeded its powers in banning landlords from trying to evict non-paying tenants.
Federal Regulators Require Rent Collectors To Lie About the CDC's Illegal Eviction Moratorium
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
A Supreme Court Eminent Domain Case Both Sides Deserve to Lose
PennEast v. New Jersey features a clash between the power of eminent domain and state sovereign immunity.
Arizona Legislature Passes Bill Requiring Convictions for Asset Forfeiture
If the governor signs the bill into law, Arizona will become the 16th state to require a conviction for asset forfeiture.
A Cross-Ideological Case for Ending Exclusionary Zoning
A recent Century Foundation report highlights reasons why breaking down barriers to building new housing should appeal to left, right, and libertarians alike.
