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He Fell Behind on His Taxes. So the Government Seized His Home, Sold It, and Kept the $258,000 Profit.

The Volokh Conspiracy

Sounds like perfect timing, yet the court ruled against him. But now the United States Court of Appeals for the Second Circuit has said that he can, in fact, sue for his equity under the Takings Clause, resuscitating his suit and sending it back to the district court for review. Constitution instead.

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Justices refuse to force refund of excessive bankruptcy fees

SCOTUSBlog

Share Two years after the court ruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. By statute, the U.S. Hammons Fall 2006, LLC was how to remedy the problem.

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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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US Supreme Court rules states lack constitutional standing in key immigration case

JURIST

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. ” Texas Governor Greg Abbott criticized the ruling, saying , “This decision is outrageous. SCOTUS [the Supreme Court] gives the Biden Admin.

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Government contractors’ defenses, election challenges, and intellectual disability in capital cases

SCOTUSBlog

The Supreme Court is making good progress in sorting through the current relists. United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Court of Appeals for the 11th Circuit affirmed. Alabama is now back at the Supreme Court.

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Supreme Court Refuses to Consider Eviction Moratorium Takings Case

The Volokh Conspiracy

The Ninth Circuit treated as controlling this Court's decision in Yee v. 519 (1992), which held that a statute did not effect a physical taking when it allowed mobile home owners to evict tenants only after an onerous delay… By contrast, the Eighth and Federal Circuits looked to our more recent decision in Cedar Point Nursery v.

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Just say “Bingo!” Or “Dingo!”

SCOTUSBlog

The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. And the key practical effect is whether the Ysleta del Sur Pueblo and the Alabama-Coushatta tribes may operate bingo games on their reservations. And you win by covering an arrangement of numbers.”.