The United States Law Week

SCOTUS to Rehear Takings Forum Case

Nov. 2, 2018, 10:02 PM

The U.S. Supreme Court will rehear a takings case that it heard in early October while sitting with just eight justices.

Now-Justice Brett Kavanaugh’s confirmation was delayed over allegations that he sexually assaulted a girl while they were both in high school.

The case seemed to come down to Justice Elena Kagan after oral argument Oct. 3. Instead, the justices Nov. 2 restored the case to the oral argument calendar.

The court didn’t explain why it decided to rehear the case, but it may need the ninth justice to avoid a 4-4 tie. An evenly split court affirms the lower...

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