Cato-intensive edition:
- David Bernstein’s Rehabilitating Lochner, recently praised by George Will, is part of Cato series challenging constitutional law myths [Roger Pilon, earlier; Bernstein’s recommended-books list]
- Constitutional conservatism: the forgotten history [Johnathan O’Neill, Heritage] “Progressive originalism” a development to be welcomed, but faces uphill slog [Damon Root, Reason] Tim Lynch: constitution is too hard to amend [“Amending Article V”, Tennessee Law Review] Toobin’s “startling reappraisal” of Clarence Thomas in The New Yorker [Walter Russell Mead]
- When it comes to abortion clinics, left and right swap usual positions on regulatory burdens [A. Barton Hinkle, Richmond Times-Dispatch] I’m quoted on courtroom battles over state anti-abortion enactments [Steve Weatherbe, National Catholic Register]
- Exhaustion of remedies: “Property Rights Are Not Second-Class Rights” [Ilya Shapiro, Cato at Liberty]
- Property ordinance in San Juan Capistrano bars Bible study groups and even regular bridge foursomes. Bill of Rights violation? [CBS-LA]
- For those in the D.C. area, a George Mason U. event Monday at 5: Roger Pilon (Cato) vs. Ed Whelan (Ethics and Public Policy Center) on judicial activism [Fed Soc]
3 Comments
From what I understand, the Bible study group in question regularly had more than 50 people. I can see that being a problem.
I think their ordinance is too strict though because it technically would limit groups much smaller, even if it’s not regularly enforced for smaller groups.
I am faced with similar exhaustion of remedies case in Massachusetts where the state expects me to agree to permanently protect 2/3’s of my land to get a “permit” to use the other third. Is this just a case of the state allowed to extort the landowner or is it a taking? How can I get advice from CATO on how to proceed since I am at the very beginning of this process?
Peter> Cato does not give legal advice or assist in individuals’ legal situations. Its amicus program contributes briefs in federal appellate cases in hopes of influencing the development of sound legal principle. For helpful advice on a local land taking issue, you might want to approach a local pro-property-rights legal center such as the New England Legal Foundation.