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I think it will be an interesting case and could potentially come up for appeal on a different constitutional point. The Supreme Court has ruled in the past that the government doesn’t have to take possession of property in order to take it under the meaning of the Fifth Amendment. If they take away the enjoyment or use of the property, it is no different than physically seizing it to build a highway for example. In a lawsuit as opposed to a criminal trial, a person/plaintiff doesn’t have to prove something beyond a reasonable doubt but rather by a preponderance of evidence or “more likely” to have happened. Maybe it could be described as more likely yes than no or 51%-49%. ”IF” it can be shown at a trial by a preponderance of evidence that Texas more likely yes than no caused the flooding with its engineering of the project, the people suing might have a case. But…. Does that alone win the case under the Fifth Amendment taking clause? I am not so sure. In US v Causby the Supreme Court ruled that the US government took a man’s property by flying airplanes over it. It was a public airport lawfully leased by the US in WWII and used to fly heavy bombers from it. Causby had an egg farm and the extremely loud noise of some airplanes under full power and sometimes at night with a landing lights being so close, it bothered and scared the family and damaged his egg farm production. Some chickens died and some quit laying eggs due to the extreme disturbances and lights at night. The Supreme Court ruled in Causby’s favor saying that the US had taken away the enjoyment and use of his land even though they didn’t physically seize it. The use of the land was hampered and that was enough for the taking clause under the Fifth Amendment. So in the IH-10 case, did Texas take away the use or enjoyment of the property? A point of Causby was that the military bombers at a public airport was certainly for “public use”. The planes were public/taxpayers’ and the airport and lease were taxpayers’ property so the “public” definitely used it My question in this lawsuit against Texas, even in they can prove the damage, was the damage (like in Causby) for “public use”? If not would it then not be a Fifth Amendment case but rather a state law case? If Texas law denies such a lawsuit under state sovereignty and the families can’t prove a Fifth Amendment case of “public use”, could they prove the damages but still lose the case under state law? I haven’t read that anywhere and just thinking out loud. I could be way off base. But I think it could be interesting….. -
Both sides...that is, everyone tries to get their people elected. Trump has not weaponized the government to bankrupt and imprison his political opponents. Night and day difference for me. -
Surely you're aware of the great lengths Trump has gone to disrupt the elections and destroy the careers of republican politicians who haven't supported some of his most outlandish claims, or dared to question him or disagree with him about January 6. You and I actually agree on this issue, although it must only go one way for you, because Trump's actions against republicans who didn't fall into lockstep with him is one of my biggest concerns about reelecting him. The fact that he took action to affect literally hundreds of republican primaries from national elections down to municipal levels across the country, is concerning. It would've been one thing had he done it in an effort to help republicans win. Instead his purpose was to push out his perceived detractors and install MAGA politicians at every level of government in as many places as possible, and has resulted in a fractured republican party. -
By SmashMouth · Posted
Lmao. No doubt. With a name like that, he would've gotten made fun of even if he was home-schooled. -
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