Cato Institute Joins in 7th Amendment Fight challenging "Tucker Act"
Channel: Lorri Anderson
Date: 2017-07-28

"Cato, joined by the National Federation of Independent Business and the Southeastern Legal Foundation, is supporting the en banc petition. We argue that the Seventh Amendment’s guarantee of a trial by jury is one of the oldest rights recognized in Anglo-American law. In City of Monterey v. Del Monte Dunes (1999), the Supreme Court held that, because the claimants in takings cases are seeking compensation, such claims would have been heard by a court of law (rather than, say, an admiralty court or other specialized tribunal) at the time the Seventh Amendment was passed. Accordingly, whenever plaintiffs ask for a determination of just compensation, the right to a jury trial always attaches. Indeed, takings cases are exactly the sort of cases that should be resolved by a jury trial, because they involve factual determinations with which members of the local community are likely best acquainted."

Sources: https://www.cato.org/blog
https://www.law.cornell.edu/uscode/text/28/3002
https://www.ord.uscourts.gov/index.php/admiralty-procedure-all/1879-lr-1000
https://www.ord.uscourts.gov/index.php/admiralty-procedure-all
https://www.ord.uscourts.gov/index.php/local-rules/admiralty

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