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06/21/19 2:51 PM
SUPREME COURT HANDS CONSERVATIVES BIG WIN IN LANDMARK PROPERTY RIGHTS CASE
By Staff Writers - June 21, 2019
The liberals are not happy, but what else is new? The left falls to hysterics when they lose and always promote the worst case scenario.
Does anyone remember peak oil? The sky is falling liberals got that one wrong although they will rarely admit it.
Now, they see this new ruling by the Supreme Court as not only as a win for the conservatives but also as a harbinger of what is to come.
They say the conservative majority will reverse precedent as they see fit, and in that way, the left fears this court will overturn their decade’s long agenda.
They may not be wrong this time as the new conservative majority may do just that, but it is impossible to know and Trump’s judges have proven to be independent. But worth watching…
From The Hill: The Supreme Court on Friday ruled 5-4 to overturn a decades-old precedent on property rights, a decision that marks a victory for conservatives.
The previous 1985 ruling found that an individual whose property is taken by a local government cannot file a federal suit under the Fifth Amendment until that challenge fails in state court.
But on Friday the justices ruled along ideological lines to reverse that precedent, finding that the requirement “imposes an unjustifiable burden,” conflicts with other similar rulings and “must be overruled.”
“A property owner has an actionable Fifth Amendment takings claim when the government takes his property without paying for it,” Chief Justice John Roberts wrote in the majority opinion.
“That does not mean that the government must provide compensation in advance of a taking or risk having its action invalidated: So long as the property owner has some way to obtain compensation after the fact, governments need not fear that courts will enjoin their activities,” Roberts continued.
“But it does mean that the property owner has suffered a violation of his Fifth Amendment rights when the government takes his property without just compensation, and there may bring his claim in federal court.”
Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh joined Roberts on the majority decision.
Justices Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor — the liberal members of the court — dissented.
