The Claremont Institute

Mar. 31 CCJ Town Hall: Unconstitutional Interference

March 31, 2017

During the Obama administration we watched the government's willingness to enforce its preferences in the lives of citizens increase exponentially in almost every arena. In this podcast  Dr. John C. Eastman, Founding Director of the Claremont Institute's Center for Constitutional Jurisprudence, and his guests will take up two cases arguing against this unconstitutional interference: Murr v. Wisconsin, a property rights case; and Gloucester County School Board v. G.G., a transgender bathroom case.

John Groen, lead counsel for the Murr family in Murr v. Wisconsin, and General Counsel and Senior Attorney for the Pacific Legal Foundation joins us in this town hall. The Murrs challenge a legal precedent instituted in Penn Central Transportation Co. v. City of New York (1978), which made it nearly impossible for property owners to win compensation when state regulations take their property. The Center filed a brief supporting the Murrs' argument that regulations that effectively hold private property hostage require just compensation under the Constitution.

On March 6 the Supreme Court vacated and remanded our second case back to the 4th Circuit after President Trump rescinded the guidance that added protections for transgender students to Title IX. Dr. Eastman is joined by Stephanie Taub, Counsel with First Liberty Institute, to discuss Gloucester County School Board v. G.G., and its return to the 4th Circuit. In 2015 a transgender student in Virginia sued the school district for access to the men's bathroom. The 4th Circuit affirmed the lower court's decision granting access, and the School Board appealed to the Supreme Court, asking whether the federal statute's reinterpretation by a low-level bureaucrat was entitled to deference, and whether the Department's reinterpretation of Title IX should be given effect. The Center filed a brief on behalf of the National Organization of Marriage in support of the school board.