RBG, Her Successor and Takings Law

By: Michael M. Berger
– Daily Journal

Manatt appellate senior counsel Michael Berger authored an article for Daily Journal about the impact of the U.S. Supreme Court on takings law. In the article, Berger discussed Justice Ruth Bader Ginsberg’s record on these issues, citing decisions in Arkansas Game & Fish Commn. v. United States and Horne v. Dep't of Agric., and what her passing might mean for future takings law cases heard before the Court. He also discussed the track record of the administration’s nominee to fill Ginsberg’s vacant seat, Amy Coney Barrett. In particular, Berger noted that Judge Barrett’s decisions in Protect Our Parks, Inc. v. Chicago Park District and in A.F. Moore & Associates, Inc. v. Pappas show that “on this record, the change in justices doesn't appear to be a ground breaker in the takings field.”

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