The ‘Parade of Horribles’ is Here

Today in the Washington Examiner MSLF General Counsel Zhonette Brown explains why the stakes for property rights are so high in the Supreme Court case Love Terminal Partners, L.P. v United States:

Zhonette Brown, MSLF General Counsel

America’s founders enshrined property rights in our Constitution, not just because they thought it would provide a strong blueprint for a free market but because they saw ownership as an essential human right.

Thus, the final draft of James Madison’s Fifth Amendment has no wiggle words or loopholes. It states unequivocally that private property shall not “be taken for public use, without just compensation.” And yet despite this clear guidance, courts are expanding what can be considered public use, steadily eroding protections in takings law. In 2005, the Supreme Court ruled that property can be taken from one private owner and given to another private owner. In 2018, the Court of Appeals for the Federal Circuit took an even bolder step, ruling that private property can be taken and destroyed without compensation.

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Supreme Court Halts NYC’s Flight from Review under Second Amendment

This case arose as a result of NYC’s unconstitutional ban on transporting a licensed handgun outside city limits. For the past six years, NYC has vehemently defended its handgun transportation ban, but only at the last minute sought to avoid Supreme Court review when city officials realized the odds of success weren’t in their favor.

Red Flag Laws

VIDEO: MSLF recently hosted a panel of experts to discuss the gun confiscation orders known as Red Flag Laws that many states are adopting.

We Are All Originalists Now… Sort of

MSLF attorney David McDonald published an op-ed in RealClearPolitics today on the enduring legacy of Justice Scalia. Since the 1980s, constitutional text and history have become ever more central to Supreme Court jurisprudence.

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