Manatt appellate senior counsel Michael Berger authored an article for Daily Journal about Democratic presidential nominee Joe Biden’s historical stance on property rights. In particular, Berger analyzed Biden’s questioning during a hearing to determine whether presidential nominee Clarence Thomas should be confirmed to the U.S. Supreme Court, which concerned the protection afforded property owners by the 5th Amendment's guarantee that private property will not be taken for public use without the payment of just compensation and the 14th Amendment's guarantee that no state can deprive anyone of life, liberty or property without due process of law. Berger also noted the importance of this line of questioning, saying, “the ascent of Joe Biden to the top spot on a presidential ticket has caused many people to review the half-century of Biden's public life for possible clues as to future actions.”