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Short Circuit 330 | Pretext Takings

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Manage episode 426096449 series 3549279
Content provided by Institute for Justice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Institute for Justice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

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.

Brinkmann v. Town of Southold

Hogan v. SMU

Cert Petition in Brinkmann

Rational Basis with Economic Bite

Ratification by Pauline Maier

  continue reading

300 episodes

Artwork
iconShare
 
Manage episode 426096449 series 3549279
Content provided by Institute for Justice. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Institute for Justice or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

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.

Brinkmann v. Town of Southold

Hogan v. SMU

Cert Petition in Brinkmann

Rational Basis with Economic Bite

Ratification by Pauline Maier

  continue reading

300 episodes

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