The Federalist Society

The Supreme Court and the Judicial Takings Doctrine

November 16, 2009

Steven Geoffrey Gieseler, Nicholas M. Gieseler

This Fall, the United States Supreme Court will hear arguments in Stop the Beach Renourishment v. Florida Department of Environmental Protection. Those with an interest in property rights jurisprudence will pay particular attention, as the case will be the Supreme Court’s first dealing with the Takings Clause since the Court decided three such cases in 2005. But Stop the Beach Renourishment is even more notable, perhaps, in that it holds the potential for the Supreme Court to furnish, for the first time, a majority opinion dealing with the doctrine known as “judicial takings”...

The Supreme Court and the Judicial Takings Doctrine  


The Federalist Society