Thanks. I think my logic is sound, just a few typos (gotta stop posting in the middle of the night), and I neglected to mention that plaintiff's counsel should have brought the 5th Amendment "takings clause" argument in the original pleadings. Once you get to SCOTUS, if you didn't plead it below, they won't rule on it. The best they'll give you is some language (dicta) that won't stand as legal authority, but which might be a good starting point for a future lawsuit. At any rate, I've learned a lot on these boards, even though they have their share of misinformation too. I'm relatively new to posting, but hope I'm contributing something worthwhile. GLTA.
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