April 13, 2012

Mitt Romney on the Sacketts and judicial review

By Joshua P. Thompson Senior Attorney

Courtesy of The Atlantic:

“Obamacare violates the Constitution. I’m counting on the Supreme Court to say exactly that,” Romney said, before launching into an anecdote about a couple of small business owners in Idaho who were delivered from persecution at the hands of the Environmental Protection Agency by a unanimous Supreme Court ruling in their favor. “The Supreme Court ruled unanimously for the Sacketts and against the Obama EPA — just like they should,” Romney said.

Read the rest.  Check out this Liberty Blog post for more on President Obama’s clash with the courts.

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Sackett v. Environmental Protection Agency

Chantell and Michael Sackett received a local permit to build a modest three-bedroom home on a half-acre lot in an existing, partially built-out residential subdivision in Priest Lake, Idaho. The home poses no threat to water quality but federal EPA regulators nonetheless declared their property to contain a wetland and demanded they stop all work and restore the lot to its natural condition or pay fines of up to $75,000 per day. When they sued to challenge this order, EPA asserted they had no right to judicial review. The district court and Ninth Circuit Court of Appeals agreed, and tossed their lawsuit out of court. The United States Supreme Court unanimously reversed, ruling that failure to allow the lawsuit violated the Sacketts’ constitutional due process rights. They are now litigating their claims in federal district court in Idaho.

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