The Takings Clause
On today’s pod, Sarah and David give us an update on the goings on at the Supreme Court, with an in-depth look at a union takings case out West. “A California regulation allows union representatives to meet with farm workers at their work sites for up to three hours a day for as many as 120 days a year,” Sarah explains. “And so the question is: Is this a per se taking under the Fifth Amendment?” After Sarah and David discuss oral arguments for the case, they do a deep dive on a 9th Circuit Second Amendment case, Twitter’s lawsuit against Texas Attorney General Ken Paxton, and a Massachusetts Supreme Judicial Court case on the ministerial exception. They wrap things up with some much needed Netflix recommendations and a conversation about D.C. statehood.