Yesterday’s Supreme Court decision in Wilkie v. Robbins is deeply troubling because it suggests that, at least in some cases, there is no remedy for property owners seeking to protect themselves against government retaliation for the exercise of their constitutional property rights. The Court refused to give the plaintiff a damages remedy for the government’s violation of his constitutional rights even though it admitted that there was no other adequate remedy available.
As I explained in this post, the facts of the case are as follows: The Bureau of Land Management (BLM) allegedly launched an extensive campaign of harrassment against Wyoming rancher Robbins because of his refusal to grant the BLM an easement across his property without compensation.
Under the Fifth Amendment, government coercion to force Robbins to give up the easement without compensation is a clear violation of the Takings Clause. Because the case is at the “summary judgment” stage (before going to trial), the court must assess all factual claims in the light most favorable to Robbins, because the only issue currently in question is whether the BLM should win even if Robbins’ factual claims are accurate.
Nonetheless, the Supreme Court majority refused to grant Robbins a damages remedy against the BLM. This is not in and of itself especially troubling. There are other ways to prevent violations of constitutional rights. For example, the Court majority noted that Robbins could file tort suits against the BLM agents. The problem is that the majority itself admits that those other remedies are inadequate in this case:
Robbins