(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)
Last month marked the 214th anniversary of the Supreme Court’s decision in Marbury v. Madison, best known for its affirmation of the duty of judicial review. Evan Bernick of the Center for Judicial Engagement takes the occasion to dispel the myth — taught to generations of law students — that Marbury was a mere power grab by the Court and to explain why the Court’s decision rests on firm constitutional ground. Click here to read.
This week on the podcast: Maryland’s “assault weapons” ban, Iowa State discriminates against a pro-marijuana legalization student group, and more.
In Colorado, if city officials want to use eminent domain to take property for private use (a high-end shopping mall in the instant case), they must first declare it blighted. Officials are not, however, required to notify property owners that their property has been declared blighted, that the blight designation triggers the eminent domain power, or that there is an exclusive 30-day window to challenge the designation. The Tenth Circuit will soon consider whether the U.S. Constitution demands such notice or, as the district court held, owners can be expected to familiarize themselves with the details of state takings law on their own. Click here to read an IJ amicus brief urging the court to require notice.