Fifth Circuit Originalists Disagree Over Takings Clause (Correct)

A Fifth Circuit decision recognizing a broad “public necessity” exception to the Fifth Amendment’s takings clause may have gone too far, say two of the circuit’s judges.

A panel of the court in October reversed a nearly $60,000 verdict in favor of a Texas woman whose home was destroyed by police in the course of their efforts to capture an armed fugitive who hid on her property while holding a 15-year-old girl hostage.

The court as a whole Wednesday declined to revisit that decision by an 11-6 vote, over a dissent written by Judges Jennifer Walker Elrod and Andrew S. ...