Property Rights Victory in Ninth Circuit Comes Under Fire

Slate published a lengthy attack on Ninth Circuit judge Jay Bybee and his recent decision in Guggenheim v. City of Goleta which found a city rent control ordinance for trailer parks violated the Fifth Amendment's takings clause. The article's authors filed amicus briefs for the city and are the president and chief counsel of the progressive Constitutional Accountability Center. The case was decided in September but the Ninth Circuit agreed in March to rehear the case en banc. As it stands now, the case is a big win for defenders of property rights, so the rehearing will be watched closely.

The Slate article is here.
The full opinion in the case is here.
Professor Richard Epstein has his say here.