News & Analysis as of October 13, 2024

Constitutional Challenges

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The United States Supreme Court Determines There Is No Distinction Between Legislative and Administrative Takings

Stoel Rives - Ahead of Schedule on 5/29/2024

In a typical permitting process, the local government may place certain conditions on issuing a building permit to further a legitimate public purpose. While the local government has “substantial authority to regulate land...more

What the Sheetz: Where California Development Impact Fees Stand Following Recent Supreme Court Decision

Sheppard Mullin Richter & Hampton LLP on 4/23/2024

Undoubtedly, development impact fees (DIFs) can make or break the pro forma of any development project. Until this month, developers hoping to challenge the assessment of project-related DIFs were often limited in the causes...more

Supreme Court Leaves the Sheetz Out In Takings Case

Rosenberg Martin Greenberg LLP on 4/19/2024

When the government wants to take private property for a public project, it must compensate the owner at fair market value. The just compensation concept comes from the Fifth Amendment’s Takings Clause, which provides: “nor...more

Supreme Court Concludes the Takings Clause Applies to Legislative Fee Enactments

Schwabe, Williamson & Wyatt PC on 4/17/2024

On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions...more

Supreme Court Narrows Local Governments’ Ability to Impose Impact Fees – A Potential Sea Change for California

Allen Matkins on 4/16/2024

On April 12, 2024, the Supreme Court of the United States issued its much-anticipated ruling in Sheetz v. County of El Dorado, U.S. No. 22-1074 (petition for certiorari granted 9/29/23) (Sheetz). The case concerned the...more

Unanimity Among Justices Rules the Day - SCOTUS Today

Epstein Becker & Green on 4/12/2024

Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more

Supreme Court Term May Upend Precedent, Push Back Regulation

Skadden, Arps, Slate, Meagher & Flom LLP on 12/19/2022

The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more

Can We Disagree with the Supreme Court’s Reading of the U.S. Constitution?

Dunlap Bennett & Ludwig PLLC on 7/15/2022

The process by which courts rule on the constitutionality of state or federal government’s actions is called judicial review. Judicial review by the U.S. Supreme Court creates the body of decisions that we deem as the law of...more

SCOTUS Wrapup and Preview 2020

Akin Gump Strauss Hauer & Feld LLP on 9/25/2020

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more

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Supreme Court of the United States › Supreme Court Justices › Constitutional Challenges

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