Permanent physical occupations of land are always takings, but the entries here are far from permanent. Even if organizers were at a farm site for the maximum time allowed, that would make up just 4% of the hours in a year. Temporary physical invasions are also takings if they substantially harm owners’ economic interests, but the growers presented no evidence at all of any negative economic impact on them.
Some conservative members of the court believe that constitutional decisions should follow the intent of the Constitution’s drafters, but that doesn’t help the growers either. As I wrote inin the case, when the Constitution was drafted and adopted, colonies and states recognized many rights for officials and the public to temporarily enter private property.
These include Massachusetts’ original Body of Liberties allowing the public to pass through “any mans propriety” to reach the great ponds of the colony, and early state laws allowing officials to enter ships to inspect shipments of “pot and pearl ash” or enter land to conduct surveys for roads. To rule that California’s regulation is a taking, the Supreme Court would have to adopt an understanding of property that would have been wholly foreign to the founding generation.
The decision in Cedar Point Nursery will be a test of the Supreme Court and its three new justices. Will they decide in favor of past precedent and the understandings of the founding generation? Or will they create a radical new understanding of property owner and government rights? The answer will say much not just about the rights of migrant farmworkers but the future of the reconfigured Supreme Court.
opinion Hope they rule in favor of those who would protect these vulnerable workers! Otherwise, these unfortunate people will be nothing more than slaves
opinion at this point the usa government has made laws and regulations for everything - but the laws are not followed .. '..California adopted the regulation in the 1970s, but reaffirmed it in 2015 after finding that farms were still the only effective places to reach farmworkers...'
opinion good