Republicans Hate Your Grandchildren, Part 2

Rick Scott Makes Sure Floridians Won’t Know About Climate Danger

It’s a common refrain around the web that Florida’s Republican Governor Rick Scott looks a lot like Lex Luthor, the arch-villain of Superman comics. The term fits, both aesthetically and substantively: in his previous career as CEO of Columbia/HCA, he oversaw what was at the time the largest Medicare fraud in history. But as the …


Previewing This Week’s Oral Arguments in the Supreme Court’s Most Important Property Rights Case This Term

On Tuesday, the U.S. Supreme Court will hear oral arguments in what is shaping up as the Court’s most important property rights case of the current Term: Koontz v. St. Johns River Water Management District, No. 11-1447.  What can we expect? Koontz is one of three Takings Clause cases on the Court’s docket this Term.  …


Property Rights & the Takings Clause: Prominent on the U.S. Supreme Court’s Docket This Year

Last week the U.S. Supreme Court granted review in a potentially-important regulatory takings case, bringing to two the number of Takings Clause disputes on the justices’ docket this Term. The newly-granted case, Koontz v. St. Johns River Water Management District, No. 11-1447, involves the question of whether a government-imposed condition on its approval of a …


More on Today’s U.S. Supreme Court Property Rights Decision

As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …


Supreme Court issues decision in Florida beach sand takings case

UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …


The Supreme Court’s Love Affair with the Takings Clause–Not Over Just Yet

One of the biggest differences between the U.S. Supreme Court under former Chief Justice Rehnquist and the Court under current Chief Justice Roberts is the comparative interest in property rights and the Constitution’s Takings Clause. From 1978 until Rehnquist’s death in 2005, the Supreme Court heard one or more takings cases each Term–culminating in the …