The new Supreme Court term starts the first week of October, potentially with a new justice on the bench. Right away, the Court will hear oral arguments in three cases with far reaching implications:
October 1 – Weyerhaeuser v. U.S. Fish and Wildlife Service
Federal bureaucrats declared nearly 1,500 acres of Edward Poitevent’s family land as critical habitat for the dusky gopher frog — a species not seen in the state for more than 50 years, and that couldn’t live there anyway. Neither the Endangered Species Act nor congressional intent justifies this. If this government-sanctioned property theft stands, no one’s land is safe. Represented by Pacific Legal Foundation, Edward joins the Weyerhaeuser Company in standing up for his property rights.
October 2 – Gundy v. United States
Congress’s job is to make laws — it cannot constitutionally abdicate or transfer that function to other branches of government. In Gundy, the Court will review whether Congress wrongly empowered the Attorney General to unilaterally make law. PLF’s brief urges the Court to revive the non-delegation doctrine, so Congress can no longer dodge accountability by sloughing off its lawmaking responsibilities.
October 3 – Knick v. Township of Scott
Scott Township forced Rose Knick to allow public access to a suspected gravesite on her farmland. Rose sued over the unconstitutional property taking. But a federal court refused to hear her federal claim, citing a 1985 Supreme Court decision that requires her to go through state courts. Rose asked the Supreme Court to overturn this precedent so property rights are on equal footing with other constitutional rights, such as due process and free speech. On behalf of Rose and all property owners, PLF will argue Knick before the Supreme Court.
Additional cases will be granted review late in September and in early October. Learn about the most important ones at PLF’s Roundtable on the 2018 Supreme Court Term at the SPN Annual Meeting on Wednesday, October 10, at 3:30 pm.