U.S. Supreme Court,
Constitutional Law
Mar. 29, 2021
Regulatory revelation
Ninety-nine years ago, Justice Oliver Wendell Holmes, Jr. wrote for a near-unanimous Supreme Court that when government regulatory action “goes too far” it will be “recognized as a taking.”
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Ninety-nine years ago, Justice Oliver Wendell Holmes, Jr. wrote for a near-unanimous Supreme Court that when government regulatory action "goes too far" it will be "recognized as a taking." Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). By that the court meant to invoke the protection of the Fifth Amendment, which bars government from taking property for public use without just compensation. Until that time, such pr...
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