• March 29, 2024

SCOTUS B*^#h Slaps Obama and McCarthy Over Private Property Rights

2 POS

The Obama caliphate and Gina McCarthyism have played fast and loose with private property rights for years.  The position of both Obama and McCarthy is that just because you buy and pay for land, it never truly belongs to you.  It belongs to them.  The EPA under UGina McCarthyism is the worst offender.  During her reign of terror, she, the Wicked Witch of Washington, mandated that homeowners did not have the right to appeal one of her decisions.  The ruling is the 21st unanimous decision Obama has lost at the Supreme Court.

She gave her royal order that no one could appeal unless they completed the long and costly expense of completing the entire permitting process before they could appeal.  That means an applicant could spend a year and a considerable amount of money before they knew they could proceed using their own property as they see fit.  The process and cost made the majority of the people to give up and allow McCarthyism to have operational control of their property.  SCOTUS has now ruled that is reversing the process and is not allowed under the constitution.

The specific case SCOTUS ruled on Hawkes Co., a company that supplies moss to golf courses and sporting arenas.  The EPA decided that Hawkes’ land was actually wetlands in Minnesota, and could not be used for extracting peat.  They were told they could not appeal until the permitting process was completed, which would have killed the project altogether.

M. Reed Hopper, an attorney with the Pacific Legal Foundation (PLF) represented Hawkes Co. in the matter and he had several observations about the decision:

“The Supreme Court ruled that wetlands ‘jurisdictional determinations’ can be immediately challenged in court.  Everyone who values property rights and access to justice should welcome this historic victory.”

“For more than 40 years, millions of landowners nationwide have had no meaningful way to challenge wrongful application of the federal Clean Water Act to their land.  They have been put at the mercy of the government because land covered by the Act is subject to complete federal control.”

“But all that changed today.”

“This victory guarantees the rights of millions of property owners nationwide.  As we argued to the court — and as the court agreed today — when landowners are confronted with federal claims of jurisdiction over their property, they must have their right to their day in court.  So today’s ruling is a triumph for property rights, for simple fairness, and for the rule of law.”

 

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