Everybody knows that the government can’t take property from you just because it doesn’t like you. But what if the government says it actually wants to turn the property into a park even though everybody knows it’s because it doesn’t like you? Recently the Second Circuit said that was A-OK. We had on IJ’s Jeff Redfern, an attorney in the case, to talk about this example of eminent domain abuse and how it’s now potentially heading to the Supreme Court. It involves a family that wanted to build a hardware store and a town that did everything it could to stop them. After that we hear from Jason LaFond, a Texas litigator with some Texas-sized stories. Especially one from the Supreme Court of Texas, which recently ruled on whether it violated the Texas Constitution for the state legislature to get rid of some claims related to pandemic shutdowns and lost tuition. The case gets into originalism in state constitutions, how different constitutions in the same state relate to each other, and the continuing fallout of pandemic policy.
Click here for transcript.
Recent Episodes
Short Circuit 449 | Supreme Court Preview
Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]
Listen NowShort Circuit 448 | Are Prediction Markets Legal?
We’ve all seen the ads for prediction markets, like Kalshi, and some of us have even placed bets with them. But are they actually “bets”? […]
Listen NowShort Circuit 447 | How Constitutional Are Your Claims?
We focus on a district court case that has appellate court explanatory power. As our special guest Professor Robert Steinbuch says, if you reside in […]
Listen NowShort Circuit 446 | SWAT Teams at the Supreme Court
Say a gaggle of police with military-grade toys fire a boatload of tear gas into a home and then run in and break a bunch […]
Listen Now