Here's the third (and final) supplemental letter brief in Knick v. Township of Scott, No. 17-647 (which is set for reargument before the Supreme Court next month).
Of course, you should not be surprised that the Township disagrees with both Ms. Knick's arguments, as well as the SG's supplemental brief, and argues instead that all's well in Williamson County, and that the Court should not disturb it one bit.
Indeed, if there's a fault here, it lies with Congress (according to the Township), which could have provided for federal jurisdiction to consider "questions" of federal law, not merely "violations."
Finally, it is worth recalling that petitioner’s only quarrel with Williamson County is that it recognizes limits on the subject-matter jurisdiction of lower federal courts to hear claims for just compensation. But those limits are statutory, not constitutional, and Congress has discretion to lift them. See Resp. Br. 45–47; U.S. Br. 30 n.9. Any claim that property was “taken” within the meaning of the Fifth Amendment, even one arising under state law, “necessarily raises questions of substantive federal law,” Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S. 480, 493 (1983) (emphasis added), and thus may be decided by a lower federal court if Congress so permits. See U.S. Const. Art. III; Glidden, 370 U.S. at 551. Yet Congress has opted to limit those courts to deciding claims of constitutional violations. See Resp. Br. 28–34 (discussing 42 U.S.C. § 1983); id. at 43–44 (discussing 28 U.S.C. § 1331). Congress’s unwillingness to lift that limit does not provide “special justification,” Arizona v. Rumsey, 467 U.S. 203, 212 (1984), for redefining what constitutes a violation of the Just Compensation Clause.
Scott's Supp. Brief at 10.
Confused yet? Trust us, you are not alone. Is there a way out for the Court from this metaphysical mess? Stay tuned: we're working on a post that suggests a way to approach these questions.
Township of Scott's Supplemental Letter Brief, Knick v. Township of Scott, No. 17-647 (Nov. 30, 2018)
