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Somin Files Amicus Brief on Pretextual Takings

Professor Ilya Somin is the author of an amicus brief in Tuck-It-Away, Inc., et al v. New York State Urban Development Corp., d/b/a /Empire State Development Corporation.   

Somin wrote the brief on behalf of the Cato Institute, the Institute for Justice, and the Becket Fund for Religious Liberty. Signers of the brief include Ilya Shapiro of the Cato Institute;  William H. Mellor, Dana Berliner, Robert J. McNamara, and Scott Bullock of the Institute for Justice; and Eric Rassbach and Eric N. Kniffin of the Becket Fund for Religious Liberty.  

Somin’s brief supports the condemnees' request that the Supreme Court review the case and address confusion about Kelo's meaning in the context of pretextual takings, highlighting the need for the Court to establish and enforce safeguards to protect citizens from takings effected for private purposes. The brief encourages the Court to clarify the definition of a “pretextual taking” under the Public Use Clause of the Fifth Amendment.

Read the brief