The Volokh Conspiracy
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Today in Supreme Court History: December 11, 1922
12/11/1922: Pennsylvania Coal Co. v. Mahon decided.
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From captcrisis
Texas v. Pennsylvania, 141 S.Ct. 1230 (decided December 11, 2020): Texas has no standing to contest how other states conduct their elections (the Constitutional objection argued appears to be that Trump actually won).
Pennsylvania passed the Kohler Act, which prohibited miners from extracting below-surface coal that supported surface-level buildings.
Question: Is this a taking of property without compensation?
Holmes for an 8-1 Court says "yes." Brandeis argues a nuance exception applies. The police power allows the regulation.
Quotable: "The general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."