Did the raisin case silently insulate the Endangered Species Act from the Constitution?

A recent article in Greenwire, reports that opponents of robust Constitutional protections for property rights and limits on federal power are finding a kernel of hope in the Supreme Court’s opinion in the raisin case decided last term. They contend … Continue reading

Will the Supreme Court’s second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes’ remedy should be if they prevail. Readers will recall that the Supreme Court last … Continue reading

Supreme Court hears argument in raisin takings case

The Supreme Court yesterday heard oral argument in the “raisin takings case,” Horne v. United States Department of Agriculture. As we have previously explained, the Department of Agriculture brought an enforcement action against California raisin farmers Marvin and Laura Horne … Continue reading

Daily Journal publishes PLF op ed on Horne v. U.S.D.A.

The Daily Journal in San Francisco and Los Angeles published an op ed I wrote about Horne v. U.S.D.A., also known as the “raisin takings case.”  As I reported, the U.S. Supreme Court recently granted cert in this case, for the second time. … Continue reading