The Supreme Court’s Fifth Amendment Reclamation
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The Justices remove an obstacle to compensation for government takings of private property.
The Supreme Court’s first term with a new majority is proving to be far more consequential than many Court-watchers anticipated, and in a good way. Long-dormant constitutional principles—such as the nondelegation doctrine—are being debated anew, and core rights are being refortified according to their original meaning.
On Friday in Knick v. Township of Scott, this constitutional revival project reached the Fifth Amendment ban on government takings of private property. A majority composed of the High Court’s conservatives voted 5-4 to overrule a 1985 precedent (Williamson County) that had created a significant obstacle to claims seeking just compensation for government takings.
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