Knick v. Township of Scott
- Case Date: 6/1/2018
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 1, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to overrule a 1985 precedent that prevents individuals claiming a violation of their Fifth Amendment property rights from bringing their claims in federal court. WLF argued that the federal courts have traditionally been open to anyone asserting a violation of his constitutional rights and that there is no valid reason to deny that same privilege to property-rights claimants. WLF asserted that the 1985 precedent was based on a misreading of the Fifth Amendment. It mistakenly asserted that the Fifth Amendment does not require a state or local government to provide compensation at the same time that it takes private property for its own use, and thus that there is no constitutional violation so long as the property owner is permitted to seek compensation in a lawsuit filed in state court. The Fifth Amendment requires contemporaneous payment, WLF asserted. WLF’s brief was joined by the Allied Educational Foundation.
|Awaiting oral argument.|
More Information and Downloads:
6/1/2018: Download Merits Brief