[This post is co-authored with Professor Seth Barrett Tillman].
On April 16, 2024, the Supreme Court decided DeVillier v. Texas. The question presented was whether "a person whose property is taken without compensation [may] seek redress under the self-executing Takings Clause even if the legislature has not affirmatively provided them with a cause of action." However, the Court did not need to answer that question because "Texas law provides a cause of action that allows property owners to vindicate their rights under the Takings Clause." The Court unanimously ruled that DeVillier's claims could "proceed under Texas' state-law cause of action."
Justice Thomas wrote the unanimous opinion for the Court. Thomas provided a brief summary of how constitution rights can be litigated in federal court:
