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Roberts and Barrett Part Ways on State Immunity in the 'Original Constitution' | National Law Journal - Law.com

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Since becoming chief justice in 2005, John Roberts Jr. has led the U.S. Supreme Court in some of its most difficult decisions involving the U.S. Constitution’s structure—an area of special interest to him. On Tuesday, freshman Justice Amy Coney Barrett, just one vote short of a majority, offered a competing vision of the original “plan of the Convention.”

The court, in a 5-4 opinion by Roberts, ruled in PennEast Pipeline v. New Jersey that states are not immune from private parties’ use of federal eminent domain power to condemn state-owned property.

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June 30, 2021 at 01:35AM
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Roberts and Barrett Part Ways on State Immunity in the 'Original Constitution' | National Law Journal - Law.com
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