Local

Trump To Get Another Supreme Court Judge?

Trump To Get Another Supreme Court Judge?”

The Supreme Court on Friday ruled 5-3 that a Wisconsin family's adjacent, commonly owned properties must be considered a single parcel of land for the objective of analyzing the local government's taking of the property. "We will continue the fight for property owners and for the integrity of the constitutional right against uncompensated government takings". Three years later, the Murrs' parents bought an adjacent lot, which has stayed vacant since 1963.

So after the Murrs transferred the lots to their four children in the 1990s, the younger Murrs were denied permission to build on the second lot. Solicitor Misha Tseytlin said that legal link exists between the two Murr properties and that's what combines them into one in the government's eye.

The Trump administration placed former Kennedy clerks in prominent posts throughout the Department of Justice.

The Murrs eventually made a decision to sell the vacant lot.

Ellen Denzer, community development director for St. Croix County, praised the ruling.

The Fifth Amendment of the U.S. Constitution has a provision called the Takings Clause, which says that private property can not be taken for public use without fair compensation. The Murrs challenged the regulations in the state courts as an unconstitutional taking. While Thomas joined the liberal wing of the Court in concurring with the ruling, he did so because Cooper v. Harris mainly addressed racial and not partisan gerrymandering, the latter which he believed was impossible to limit in Vieth v. Jubelirer. The state, arguing against a taking, offered a different bright-line test based on state law taken as a whole; here, the state's merger provision would set the denominator as both lots together.

In any case, the implication that the legislature's composition should correspond to the party balance statewide smacks of a plea for proportional representation, which the Supreme Court has never supported. Pam, I keep thinking about an event you and I did two weeks ago when we talked about constitutional norms, and I wonder how it feels to be watching a court that looks to have had its norms-for the most part-back in place this June.

The U.S. Supreme Court, in agreeing Monday to hear a Wisconsin case on partisan gerrymandering, might force some hands wherever state legislators craft lines with the overriding goal of keeping their parties in power.

Rath said that's particularly true on the issue of abortion rights, with Kennedy taking a position that translates as narrowly pro-choice. The Supreme Court, for a century, has said that when the government goes "too far" in regulating property - so as to make that property economically unusable - the government also has to compensate the owner. Once applied, the dissent stated, this will push courts to define parcels in ways that align with "r$3 easonable government regulation", making it less likely that such regulation will be deemed a taking. Courts must strive for consistency with the central objective of the Takings Clause: "to 'bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole'".

The other two older justices, Ruth Bader Ginsburg, 84, and Stephen Breyer, 78, are Democratic appointees.

The biggest news of all, though, would be if Justice Anthony Kennedy were to use the court's last public session on Monday to announce his retirement.

The proper approach, he said, is to consider a number of factors when determining if a property owner should expect their property to be treated as one parcel or separate tracts.

"Whenever possible, governments in regulatory takings cases will ask courts to aggregate legally distinct properties into one 'parcel, ' exclusively for purposes of resisting a particular claim", he wrote. "And I have a lot of respect for that gentleman, a lot".



Like this

loading...
loading...

Latest


26 June 2017
Such incidents should be stopped at earliest: Brinda Karat on Ballabhgarh lynching
As per reports, what was initially an argument over seats soon turned communal after the mob found out that they were Muslims. The Hindustan Times quoted the man , the only accused to have been arrested so far, as saying, "I was drunk".

26 June 2017
DHS' Jeanette Manfra: Russia Targeted Election Systems in 21 States
Johnson received several questions from the Committee on the timing of his release of information on the hacks to the public. Trump, odd though the fact may be, was elected president of these United States, fair and square.

26 June 2017
AIADMK (Puratchi Thalaivi Amma) to support NDA in Prez poll
The parties are now learnt to be veering towards fielding a strong Dalit candidate of their own to take on BJP's Kovind. Shiv Sena and the People's Democratic Party, both NDA constituents, too, have pledged support to Kovind.

26 June 2017
Halts Enrollment in Two Keytruda Trials, Citing Deaths
The trials involve combinations with Celgene's Pomalyst as well as its flagship drug Revlimid in a field Celgene dominates in. Keytruda is an antibody directed towards the programmed cell death protein 1 (PD-1) located on lymphocytes.

26 June 2017
Generation game as Federer faces Zverev for Halle title
The Gerry Weber Open 2017 final between Roger Federer and Alexander Zverev is set to start at 1:00pm local time, 4:30pm IST and 12.00pm BST.

26 June 2017
South Korean President in attendance as 2017 World Taekwondo Championships officially opens
USA spy satellites have picked up new activity at North Korea's underground nuclear test site, CNN reported on Tuesday. In addition to developing its own missiles, South Korea is now protected from a North Korean missile strike by a U.S.

26 June 2017
As Corbyn rises, May comes under fire; others in shock
British politicians, including within May's own party, differ widely on what they want from the Brexit negotiating process. Her predecessor, David Cameron, first asked British voters to decide in 2016 whether to leave the EU.

26 June 2017
Real Madrid Cristiano Ronaldo exit: Man Utd move questioned by Craig Burley
Now, the admission of the two counts of fraud in 2012 and 2013 will see him pay an additional fine of nearly 780,000 euros.

26 June 2017
Rafael Nadal withdraws from the Aegon Championships — ATP Queen's
Nadal fell to Federer in two of the three title matches, but on the red dirt in Europe, the Spaniard has been almost ideal . It was a steamy day in Paris - temperatures hovered around 30 degrees Celsius - a boost to Nadal's heavily spun forehand.

26 June 2017
Family of Sam DuBose demands another retrial, calls for peaceful protest
Prosecutors broke down body camera video frame-by-frame to rebut Tensing's assertion that he was being dragged down the street. The prosecution argued Tensing was in no imminent danger but rather forgot his training and reacted in an unreasonable manner.