U.S. Supreme Court,
Constitutional Law
Jul. 7, 2021
A SCOTUS takings trifecta
A number of years ago, it dawned on me that takings decisions from the U.S. Supreme Court generally seemed to come down in June. No matter whether they were argued in October, January or May, the opinions materialized in June.
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.
A number of years ago, it dawned on me that takings decisions from the U.S. Supreme Court generally seemed to come down in June. No matter whether they were argued in October, January or May, the opinions materialized in June. After doing an inventory of several decades' worth of takings case, that suspicion was confirmed: June was the favored time to release this flavor of decision. The only explanation I could come up with is that the subject matter of these cases i...
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