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The John Batchelor Show

#Bestof2021: 2/2 SCOTUS secures the Takings Clause, 6-3. @RichardAEpstein.

The John Batchelor Show

John Batchelor

News, Arts, Society & Culture, Books

4.52.8K Ratings

🗓️ 10 December 2023

⏱️ 10 minutes

🧾️ Download transcript

Summary

#Bestof2021: 2/2 SCOTUS secures the Takings Clause, 6-3. @RichardAEpstein.
https://www.hoover.org/research/bombshell-decision-property-takings

1910 SCOTUS

Transcript

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0:00.0

That gift went down well.

0:03.3

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0:04.7

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0:06.0

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0:08.8

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0:11.6

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checkout this festive season. Borrowing irresponsibly may negatively impact your financial

0:24.7

status and ability to obtain credit. Terms and conditions apply, head toclarna.com. I'm John Bachelor with Professor Richard Epstein. He's a senior fellow at the

0:41.1

Hoover Institution and he is examining in an essay for the Hoover

0:46.0

Institution's defining ideas. A most recent case, case that the ink is still wet from the Supreme Court, the Justice Roberts

0:54.2

Supreme Court, the case Cedar Point versus Hasid. This is the extremely

0:59.6

complicated matter of takings, the takings clause in the Constitution.

1:03.8

Richard has written a book about this that has been the centerpiece of his

1:08.2

explications for many years and also it informs decisions while not quoting Richard's book it

1:15.6

informs decisions that are based upon all of the same cases that Richard

1:20.8

builds his takings a book upon.

1:23.2

So we're looking at something that has remained a controversy and at the same time

1:27.6

revelatory of our Constitution for many decades.

1:30.8

I go now to the minority decision. It was six to three, strikingly the six appointees

1:38.2

voting for the property owner and against the California Labor Relations Board's presumption that a

1:46.7

union could enter a private property for X number of days per year to

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