The US Supreme Court has issued its opinion in Wilkie v. Robbins (No. 06-219, June 25, 2007), a case I posted about here. The legal issues in the case were whether there is a claim for RICO violations and a private claim for relief when federal officials are alleged to violate a property owner’s Fifth Amendment rights, retailing against him when he refused to provide free access to his land. The Court held “no.” More to follow after a better chance to digest the many opinions. Preemptive Karma posts her (his? its?) thoughts here:
The Supreme Court basically said that even if government officialsengage in behavior that would normally be considered racketeering, ifthey’re doing it in pursuit of their duties for the government and notfor any benefit for themselves, then they cannot be held personallyresponsible for racketeering. It pretty much seals sovereign immunityin stone. No matter where you stand on private property rights, thefact that the Supreme Court has removed personal liability for suchoutrageous behavior by public officials should send a chill down yourspine.
Couldn’t have said it better.