SCOTUSBLOG has published its analysis of the issues in the Florida beach renourishment/judicial takings case. Its post is here. My partner, Robert Thomas, has a resource page here. The oral arguments will be on December 2, 2009.
Per SCOTUSBLOG:
Should the court find that a judicial taking occurred, several issues will need to be addressed. First, there’s the standard of review. Second, there’s the issue of remedy: a taking is only unconstitutional if there is no compensation, but courts have no funds for compensation. Finally, there’s the issue of which courts can actually review judicial takings claim. The Rooker-Feldman doctrine suggests that lower federal courts cannot. Thus, the justices may create a claim in this case that only they can adjudicate.
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