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bitterross

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Member since: Sat Oct 15, 2016, 08:41 PM
Number of posts: 4,066

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Supreme Court Overturns Precedent In Property Rights Case -- A Sign Of Things To Come?

Source: NPR

A sharply divided U.S. Supreme Court ruled Friday that property owners can go directly to federal court with claims that state and local regulations effectively deprive landowners of the use of their property.

The 5-4 decision overturned decades of precedent that barred property owners from going to federal court until their claims had been denied in state court.

Federal courts are often viewed as friendlier than state courts for such property claims. The decision, with all five of the court's conservatives in the majority, may have particular effects in cities and coastal areas that have strict regulations for development.

Read more: https://n.pr/2L7VFdk



This is a really, really bad ruling.

If I were the lawyers for people like The Liberty Council or The Heritage Foundation I'd be filing briefs citing this ruling so I could take my bakers' and florists' cases right to the federal courts. This ruling will lead to that next. Just take this sentence from the ruling:

"We now conclude that the state-litigation requirement imposes an unjustifiable burden on takings plaintiffs"

and replace the "takings" with the term for the plaintiff who is a baker or florist in cases like Masterpiece Cakeshop and they can rule the burden is unjustifiable for the small business owner. There's no end to how that sentence can be used.

Now that they've packed the federal courts with white, men who are homophobic and think women belong in the kitchen this is really bad. People are going to go straight there to seek the rulings from these men.

For people who are supposed to be for States Rights, they just struck a huge blow against them.

GOP wing of SCOTUS sets stage for decimating precedent and Human Rights laws.

This is a really, really bad ruling.

If I were the lawyers for people like The Liberty Council or The Heritage Foundation I'd be filing briefs citing this ruling so I could take my bakers' and florists' cases right to the federal courts. This ruling will lead to that next. Just take this sentence from the ruling:

"We now conclude that the state-litigation requirement imposes an unjustifiable burden on takings plaintiffs"

and replace the "takings" with the term for the plaintiff who is a baker or florist in cases like Masterpiece Cakeshop and they can rule the burden is unjustifiable for the small business owner. There's no end to how that sentence can be used.

Now that they've packed the federal courts with white, men who are homophobic and think women belong in the kitchen this is really bad. People are going to go straight there to seek the rulings from these men.

For people who are supposed to be for States Rights, they just struck a huge blow against them.


Supreme Court Overturns Precedent In Property Rights Case A Sign Of Things To Come?

A sharply divided U.S. Supreme Court ruled Friday that property owners can go directly to federal court with claims that state and local regulations effectively deprive landowners of the use of their property.

The 5-4 decision overturned decades of precedent that barred property owners from going to federal court until their claims had been denied in state court.

Federal courts are often viewed as friendlier than state courts for such property claims. The decision, with all five of the court's conservatives in the majority, may have particular effects in cities and coastal areas that have strict regulations for development.


https://www.npr.org/2019/06/22/734919303/supreme-court-overturns-precedent-in-property-rights-case-a-sign-of-things-to-co?utm_campaign=npr&utm_medium=social&utm_term=nprnews&utm_source=facebook.com&fbclid=IwAR3dfED6p-72rVH24v0AyXzJY9v3Kpyzk9DDUWPHcRUKg7N3IRJsaDjCB7Q

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