Archive for the ‘Eminent Domain’ Category
In Global Warming Case, Supreme Court Reaches Correct Result But Leaves Room for Mischievous Litigation | Cato @ Liberty
Posted June 20, 2011
on:I have been generally upset with this Supreme court since the Eminent Domain case, and really upset after Obama’s appointees. However somehow for some reason they came thru today with two sane actions: they threw out the women’s class action suit against WalMart stating gender discrimination in wages and promotions. This of course let companies exhale as they are not afraid of being hit with one of these huge case action suits that generally are merely lawyers high jacking companies for big bucks. Rather than fight the companies generally pay off to just make it all go away so that their stock and other business decisions won’t be harmed. The only winners are the lawyers believe me. WalMart stayed the course and took on the big law firms. Now individual claimants can sue if they feel they have been discriminated against and this is as it should be. There are laws and many agencies to hold companies accountable for discrimination.
Next the the Judges put a big hit on the global warming crowd. The more important one for you to understand is the environmental issue so I have transferred the Cato Institute explanation over because it seemed to me to explain the issue best.
You may also want to check out the referenced articles at the end. Since the Supreme Court is the ultimate arbiter on any laws that guide Americans lives we should all keep a close watch on the rulings and the ramifications of these rulings. While you are at it make a sincerely prayer that Obama doesn’t have an opportunity to name another judge! BB
In Global Warming Case, Supreme Court Reaches Correct Result But Leaves Room for Mischievous Litigation
Posted by Ilya Shapiro
In the important global warming case decided today, American Electric Power Co. v. Connecticut, the Supreme Court unanimously reached the correct result but one that still leaves room for plenty of mischievous litigation. While it’s clearly true that, as the Court said, the Clean Air Act and the EPA exist to deal with the claims the plaintiffs made here—that the defendants’ carbon dioxide emissions are pollutants that cause global warming—the Court left open the possibility of claims on state common-law grounds such as nuisance. And it unfortunately said nothing about whether any such disputes, whether challenging EPA action or suing under state law, are properly “cases and controversies” ripe for judicial resolution.
The judiciary was not meant to be the sole method for resolving grievances with the government, even if everything looks like a nail to lawyers who only have a hammer. This case is the perfect example of a “political question” best left to the political branches: The science and politics of global warming is so complex and nuanced that there simply isn’t a judicial role to be had.
As Cato’s amicus brief argued, the chain of causation between the defendants’ carbon emissions and the alleged harm caused by global warming is so attenuated that it resembles the famed “butterfly effect.” Just as butterflies should not be sued for causing tsunamis, a handful of utility companies in the Northeastern United States should not be sued for the complex (and disputed) harms of global warming. Even if plaintiffs (here or in a future case) can demonstrate causation, it is unconstitutional for courts to make nuanced policy decisions that should be left to the legislature. Just as it’s improper for a legislature to pass a statute punishing a particular person (bill of attainder), it’s beyond courts’ constitutional authority to determine wide-ranging policies in which numerous considerations must be weighed in anything but an adversarial litigation process.
If a court were to adjudicate claims like those at issue in American Electric Power and issue an order dictating emissions standards, two things will happen: 1) the elected branches will be encouraged to abdicate to the courts their responsibilities for addressing complex and controversial policy issues, and 2) an already difficult situation would become nearly intractable as regulatory agencies and legislative actors butt heads with court orders issued across the country in quickly multiplying global warming cases. These inevitable outcomes are precisely why the standing and political question doctrines exist.
Dissatisfaction with the decisions and pace of government does not give someone the right to sue over anything. Or, as Chief Justice Marshall once said, “If the judicial power extended to every question under the laws of the United States … [t]he division of power [among the branches of government] could exist no longer, and the other departments would be swallowed up by the judiciary.”
March Madness: Eminent Domain Abuse Goes Coast-to-Coast | Cato @ Liberty.
The Supreme Court ruling in favor of the city and private builders four years ago was a terrible mistake! Politicians heard the gasp of the people and the states all jumped on the band wagon to enact laws that would counter this abuse of Eminent Domain ruled by the supreme Court. then the politicians all saw a great way to get money out of big developers by using the Supreme Court ruling to wipe out whole areas of cities and push the poorest of us out of our homes on the cheap and “legally” so they began watering down the laws they had previously passed to mitigate the Supreme Court’s ruling. BUT the people are fighting back and actually winning in some cases. The Tea Party Movement is bringing a lot of honor and decency and sanity back to politics and politicians actions. BB
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March Madness: Eminent Domain Abuse Goes Coast-to-Coast
Posted by Ilya Shapiro
This is a big week for private property rights. Two epic eminent domain struggles are playing out on opposite sides of the country.
First, National City, California, is ground zero for eminent domain abuse. City officials declared several hundred properties blighted even before conducting a blight study that was riddled with problems. The city wants to seize and bulldoze a youth community center (CYAC) that has transformed the lives of hundreds of low-income kids, so a wealthy developer can build high-rise luxury condos:
4:51Added to queue EPIC EMINENT DOMAIN BATTLE: Inner-City Kids, B…by InstituteForJustice1,687 views
CYAC has numerous volunteers, including local law enforcement officers, providing free mentoring in boxing as well as academics. The gym is famous for getting kids off the street and back into school. As Rick Reilly explained in a feature in Sports Illustrated (boy, how I miss his inside-back-page column):
You know what, Mayor? National City doesn’t need more luxury condos. It needs good men like the Barragans teaching kids respect for neighbors and property, manners you could use a little of yourself.
And if you kick the Barragans out so some slick in Armani can buy a bigger yacht, I hope your car stereo gets jacked—weekly—by a kid who would’ve otherwise been lovingly coached on their jabs and their math and their lives.
Question: Can you declare politicians blighted?
This week, the gym’s battle is in trial before the Superior Court of California. Represented by the Institute for Justice (who else?), a victory will help protect private property far beyond National City and clarify the use and misuse of blight designations.
Second, moving to the other side of the country, we go to Mount Holly, New Jersey:
6:57Added to queue Scorched Earth: Eminent Domain Abuse in the Gar…by InstituteForJustice2,231 views
Mount Holly is another classic case of “Robin Hood-in-Reverse.” Officials have been dismantling a close-knit community known as the Gardens for the last decade so a Philadelphia developer can bulldoze the area and build more expensive residential properties.
Homeowners in the Gardens are primarily minorities and the elderly. The row-style houses are being torn down while still attached to occupied homes, and officials refuse to offer the remaining homeowners replacement housing in the new redevelopment. Further, owners are being offered less than half the amount it would cost to buy a similar home blocks away.
Here, IJ just launched a billboard campaign and did a study that concludes the eminent domain abuse project may result in a loss of a million taxpayer dollars a year, or one-tenth of the Township’s budget.
I previously wrote about eminent domain shenanigans here and you can read more from Cato on property rights here.
Ilya Shapiro • March 17, 2011 @ 2:35 pm
Filed under: Government and Politics; Law and Civil Liberties; Regulatory Studies
Tags: California, CYAC, eminent domain, Fifth Amendment, Gardens, Institute for Justice, Mount Holly, National City, New Jersey, Philadelphia, property rights, Rick Reilly, Sports Illustrated,
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