Institute for Justice

Court Enforces Secrecy about Constitutional Abuses

The purpose of filing amicus briefs is to bring to courts’ attention certain supplemental arguments or relevant facts that go beyond those which the parties present.  It is also to show that a particular group – ranging from policy activists and think tanks to industry groups to ad hoc collections of academics to companies and organizations  that would be directly affected by the case – has a particular interest in a case, as well as educating the public about important issues.  Cato files its briefs for all these reasons, and we’ve found them to be an effective method of

Eminent Domain Shenanigans

Five years ago, in the landmark property rights case of Kelo v. New London, the Supreme Court upheld the forced transfer of land from various homeowners by finding that “economic development” qualifies as a public purpose for purposes of satisfying the Fifth Amendment’s Takings Clause.  In doing so, however, the Court reaffirmed that the government may not “take property under the mere pretext of a public purpose, when its actual purpose was to bestow a private benefit.”

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