More on Property Rights (Plus Privileges, Immunities, Due Process)

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  |  No Comments »