Posted by Ilya Shapiro on June 18, 2010
By Ilya Shapiro
Yesterday I blogged about the Florida property rights case, which I now consider the best unanimous opinion against my position I could ever imagine. Although the property owners lost, four justices stood for the idea that courts no less than legislatures or executive bodies are capable of violating the Takings Clause (Fifth Amendment), while two others endorsed [...]
Categories: Politics |
Tags: Anthony Kennedy, breyer, Fifth Amendment, Fourteenth Amendment, Law and Civil Liberties, pandora's box, Privileges or Immunities, Scalia, substantive due process, takings | 
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Posted by Ilya Shapiro on June 17, 2010
By Ilya Shapiro
Today the Supreme Court came down with its ruling in Stop the Beach Renourishment v. Florida Department of Environmental Protection, a case I previously blogged about here and here, and in which Cato filed a brief.
While the Court’s 8-0 ruling against the Florida oceanfront (now ocean-view) property owners was not the result we wanted, the [...]
Categories: Politics |
Tags: amicus briefs, Fifth Amendment, General, Law and Civil Liberties, Scalia, stop the beach, takings | No Comments »
Posted by Ilya Shapiro on May 18, 2010
By Ilya Shapiro
An interesting narrative has arisen among some on the left that the nomination of Elena Kagan shows what chumps Democratic presidents are. That is, not only could President Obama have tapped a stronger “progressive” voice, but he – like President Clinton before him, and unlike Republican presidents – put avoiding political fights ahead of moving the Court left. Since LBJ, Democrats [...]
Categories: Politics |
Tags: Anthony Kennedy, brennan, breyer, Government and Politics, Kagan, Law and Civil Liberties, Lithwick, profit margins, Scalia, SCOTUS, Stevens, Supreme Court, Thurgood Marshall | No Comments »
