top of page
Search

Today in Supreme Court History: September 2

  • Sep 2, 2024
  • 1 min read

Hawaii Housing Authority v. Midkiff, 463 U.S. 1323 (decided September 2, 1983): Rehnquist denies stay of Circuit Court order recalling an earlier decision as to whether Hawaii Land Reform Act violated Fifth Amendment “takings clause” and enjoining housing authority from pursuing any state administrative or judicial proceedings under the Act; possible Younger abstention but notes that Circuit Court will shortly revise its decision (the Court eventually held no Fifth Amendment violation because land would be taken for “public use”, 467 U.S. 229, 1984) (Hawaii, aware of ownership of Oahu being in so few hands, bought the land at issue from a trustee of the traditional monarchy; it consisted of many little leaseholds, which it sold to the tenants at market value; this attempt at land redistribution was thwarted when Japanese investors came in, though they bought at a high markup, so the tenants ended up o.k.)

 
 
 

Recent Posts

See All
Today in Supreme Court History: March 7

Briscoe v. LaHue , 460 U.S. 325 (decided March 7, 1983): testimony in court is not “acting under color of law” so no §1983 liability for police officers whose perjury resulted in plaintiffs’ convictio

 
 
 
Today in Supreme Court History: March 6

Dred Scott v. Sandford , 60 U.S. 393 (decided March 6, 1857): once-free slave had no claim to freedom in slave state because he was black (probably history’s most-abrogated case, by the Civil War, the

 
 
 
Today in Supreme Court History: March 5

Nebbia v. New York , 291 U.S. 502 (decided March 5, 1934): a pre-“switch” case where Roberts, writing the opinion, sides against the “Four Horsemen”, upholding the New York Milk Board’s setting of max

 
 
 

Comments


Thanks for submitting!

bottom of page