U.S. Supreme Court,
Constitutional Law
Apr. 26, 2023
Déjà Vu all over again
If you are going to reach a decision contrary to the United States Supreme Court that is directly on the issue presented, how do you do it? Easy. Here’s what the Fifth Circuit did: it simply ignored the Supreme Court.
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.
If you stay in the legal game long enough, things tend to come around again. I am having that déjà vu feeling now. In the first case I argued in the United States Supreme Court (36 years ago) the issue arose of whether a Fifth Amendment takings claim could be raised directly under the Constitution or whether some statutory enabling act was a necessary precursor to litigation.
The case was First English Evangelical Lutheran Church v. Cou...
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