The Grapes Of Wrath Crack High Court Precedent

Law360, New York (June 18, 2013, 1:26 PM EDT) -- In a unanimous opinion written by Justice Thomas, the U.S. Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v. Department of Agriculture, No. 12-123 (June 10, 2013). Although the Supreme Court declined to address the actual merits of the takings claim, the decision is noteworthy as it potentially represents a crack in prior Supreme Court precedent through which a swarm of regulatory takings claims may flood.

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