The Supreme Court is in the midst of its busy season. Important decisions recently handed down include the death-penalty case, Kansas v. Marsh, and the campaign finance case, Randall v. Sorrell.
Jonathan Adler offers an interesting analysis of the decision in a pair of cases, Rapanos v. United States and Carabell v. United States, which involved the the scope of the federal government’s regulatory jurisdiction over wetlands.
Given the Court’s ambiguous record of protecting private property rights (see Kelo), Adler’s conclusion is noteworthy: the decision itself was the right one, but the split opinions indicate further ambivalence concerning property rights. The issue is significant for both environmental conservation and property rights: Because state and local governments (and private owners) usually are more effective conservationists than are sweeping federal laws, the limitation of federal jurisdiction helps on both fronts.
