Wednesday round-up

At TribLive, Brian Bowling looks at Monday’s cert grant in Knick v. Township of Scott, Pennsylvania, which asks whether the court should reconsider a precedent that requires property owners to exhaust state remedies before bringing takings claims in federal court, concluding that “if you think people should be able to sue governments in federal court for taking their property, root for Knick to win her appeal.” At Reason’s Volokh Conspiracy blog, Ilya Somin weighs in on the case, arguing that the precedent, Williamson County Regional Planning Commission v. Hamilton Bank, “creates a double standard under which Takings Clause claims are denied access to federal court in situations where other constitutional rights claims would be allowed.”

At Constitution Daily, Scott Bomboy reviews last week’s argument in Lozman v. City of Riviera Beach, Florida, in which the justices will decide whether the existence of probable cause defeats a retaliatory-arrest claim, predicting that “Fane Lozman’s decade-long fight with Riviera Beach, Florida will likely go down in Supreme Court lore as a matter of persistence.” Jackie Augustine comments on the case in an op-ed at the Finger Lakes Times.


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