Major Problems in Montana's CI-128 (the Abortion Initiative)
- September 26, 2024

Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
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The Supreme Court issued both liberal and constitutionalist decisions.
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This case undermined state control over its own property law and probably gave the property owner an undeserved benefit.
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The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
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This is a rare case in which the liberal media’s imaginary “conservative Supreme Court majority” really showed up.
READ MOREThis article was first published at CNSNews. The Fifth Amendment provides that “private property” shall not “be taken for public use, without just compensation.” When I wrote my book, The Original Constitution, I had to address the question of whether the Fifth Amendment phrase “private property” referred only to real estate or whether it included
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