Supreme Court of the United States · Official docket →
Richard Devillier, et al. v. Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-40750 · judgment November 23, 2022
Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a state or local-government respondent and a petition filed soon after the judgment below.
Question presented
In First English Evangelical Lutheran Church v. County of Los Angeles, this Court recognized that the Fifth Amendment's Takings Clause was "self-executing" and that "[s]tatutory recognition was not necessary" for claims for just compensation because they "are grounded in the Constitution itself[.]" 482 U.S. 304, 315 (1987). Since First English, several state courts of last resort have held that the self-executing nature of the Takings Clause requires them to entertain claims directly under the Clause without the need for statutory authorization. Two federal Circuits, the Fifth and the Ninth, disagree and have held that claims for just compensation are only available if they are legislatively authorized. The question presented is: May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action?
Counsel of record
For petitioner
Robert James McNamara
Institute for Justice
For respondent
Aaron Lloyd Nielson
Office of the Texas Attorney General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 11 merits
(10 supporting pet./neither, 1 respondent)
Argument & decision
Argued January 16, 2024 — Robert J. McNamara · Aaron L. Nielson. Audio and transcript
Decided April 16, 2024. Opinion by Thomas.
Proceedings
- Aug 20 2024Record returned to the United States Court of Appeals for the Fifth Circuit.
- May 20 2024Judgment Issued.
- Apr 16 2024Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
- Jan 16 2024Argued. For petitioners: Robert J. McNamara, Arlington, Va. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Jan 05 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 05 2024Reply of petitioners Richard Devillier, et al. filed. (Distributed)
- Dec 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Dec 20 2023Brief amici curiae of Minnesota, et al. filed. (Distributed)
- Dec 13 2023Brief of Texas not accepted for filing. (December 13, 2023 - Corrected electronic documents submitted.)
- Dec 13 2023Brief of respondent Texas (DEC. 19, 2023) filed. (Distributed)
- Dec 12 2023Brief amicus curiae of United States filed. (Distributed)
- Nov 30 2023CIRCULATED
- Nov 30 2023Record received from the United States District Court for the Southern District of Texas. The record is electronic and is available with the Clerk.
- Nov 20 2023Record requested from the United States Court of Appeals for the Fifth Circuit.
- Nov 20 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Nov 20 2023Brief amicus curiae of Atlantic Legal Foundation filed.
- Nov 20 2023Brief amicus curiae of Professor Ernest A. Young filed.
- Nov 20 2023Brief amici curiae of National Association of Realtors®, American Property Owners Alliance, and Texas Realtors® filed.
- Nov 20 2023Brief amicus curiae of Professor Carlos M. Vázquez filed.
- Nov 20 2023Brief amici curiae of Professors James W. Ely, Jr., et al. filed.
- Nov 17 2023SET FOR ARGUMENT on Tuesday, January 16, 2024.
- Nov 17 2023Brief amici curiae of Ilya Somin, et al. filed.
- Nov 17 2023Brief amici curiae of Pacific Legal Foundation, et al. filed.
- Nov 17 2023Amicus brief of American Farm Bureau Federation not accepted for filing. (Duplicate submission - November 21, 2023)
- Nov 17 2023Brief amicus curiae of American Farm Bureau Federation filed.
- Nov 13 2023Brief of petitioners Richard Devillier, et al. filed.
- Nov 13 2023Joint appendix filed. (Statement of costs filed)
- Sep 29 2023Petition GRANTED.
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 23 2023Reply of petitioners Richard Devillier, et al. filed.
- Jun 09 2023Brief of respondent Texas in opposition filed.
- May 10 2023Brief amici curiae of Ilya Somin and Cato Institute filed.
- May 10 2023Brief amicus curiae of Pacific Legal Foundation filed.
- Apr 24 2023Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023.
- Apr 20 2023Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk.
- Apr 10 2023Response Requested. (Due May 10, 2023)
- Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
- Mar 29 2023Waiver of right of respondent Texas to respond filed.
- Mar 29 2023Supplemental brief of petitioners Richard Devillier, et al. filed.
- Mar 17 2023Petition for a writ of certiorari filed. (Response due April 19, 2023)