Louisiana’s Constitution draws a bright line against using expropriation to take private property for the exclusive use and benefit of a private enterprise. [Plaquemines Port Harbor] crossed that line. Because the project can proceed through an ordinary, voluntary transaction—and because the Port seeks only to insert itself to capture private revenue—this taking is precisely the abuse the post-Kelo amendments were enacted to forbid.
In this appeal, the United States should admit the error of its prior litigation positions and advocate for vacatur and remand so that the District Court can correctly apply Sackett. If the United States does not, [the U.S. Court of Appeals for the Ninth Circuit] should not let the government continue its overreach. It is time for the government and lower courts to respect Sackett, and this court can encourage that outcome by vacating and remanding.
The New Deal Court’s unconstitutional expansion of the Constitution’s enumerated powers had broad, negative effects for the rule of law. Congress now regulates intrastate activity in traditional state domains like contract arbitration and criminal law. ... [A] great deal of that jurisprudence violates the Commerce and the Necessary and Proper clauses [of the U.S. Constitution]. ... The U.S. Supreme Court should seize this chance to correct its Commerce and Necessary and Proper Clause precedents before federal overreach harms more people.
People should not be deprived of their homes or vehicles or large sums of money without adequate notice of the confiscation, delivered in a way most likely to reach them. ... The changed world of communications warrants revisiting existing standards of adequate notice. The petition squarely presents the issue and warrants th[e Supreme] Court’s review.
The political branches should not be allowed to devise a mechanism that allows them to escape political accountability. This Court should grant the petition [for certiorari] and reverse.
Courts construe laws. But they cannot make law. A law, particularly a criminal law, must be capable of being understood by ordinary people... Accordingly, this petition presents an opportunity to do what the Court should have done in Skilling: acknowledge that repairing a statute is beyond the scope of the judicial power and send the honest services law back to Congress.
If a non-delegation limit exists, the International Emergency Economic Powers Act crosses it by transferring to the President a near-total legislative power—decisions about the “important subjects”—explicitly vested in Congress by the People. The Court should say so.
If the government takes away a property owner’s fundamental right to exclude, in whole or in part, it is a categorical physical taking that is contrary to the Fifth Amendment without regard to any other facts or circumstances. While the lack of available housing may be a public problem, these private property owners cannot be singled out to bear the burden of fixing it. The trial court’s decision should be affirmed.
The Court should return to first principles and hold that the President has authority to remove principal executive officers at will, so that, consistent with the Constitution, the President has an effective check against Congress’s broad delegations of power to Executive Branch agencies.