Major 2A Nationwide Implications: Supreme Court Issues Unanimous 9-0 Decision

By Bo Beard | May 14, 2024

The lawsuit

The recent unanimous 9-0 decision by the United States Supreme Court in Dillia v. Texas addressed the issue of whether individuals can sue states in federal court for compensation under the Takings Clause of the Fifth Amendment.
 

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The lawsuit stemmed from a 2017 incident in Texas where a highway median barrier, built to prevent flooding during Hurricane Harvey, inadvertently caused damage to private properties by redirecting stormwaters. 
 

Significant losses

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This resulted in significant losses for over 100 landowners in the Houston area, affecting homes, businesses, crops, and livestock. At the heart of the matter is the interpretation of the Takings Clause and whether it inherently allows individuals to directly sue states for compensation without explicit congressional approval.