What I don’t understand about the case is normally you sue under 42 U.S.C. section 1983 (civil rights violations), and then claim the civil rights violation is a taking (violation of due process is generally also alleged). Also technically the violation is of the 14th amendment, not the Fifth Amendment (which only applies to the federal government; here you had state/local action). So I am somewhat baffled by this whole opinion.
But this is our conservative complaint with liberal Legal tactics, isn’’t it? You hold the constitution up to the light, twist it just the right way, and you find a right to abortion. They drive the round peg of the 14th Amendment into the square hole of every policy objective they have. This is PLAINLY a proper police power case. It’s well explained in the opinion. God bless the lawyers for trying the semantic acrobatics of turning it into a takings case, but it isn’t a takings case. It was correctly decided. Listen,
If the Colorado legislature feels sorry for the guy, there is nothing preventing them from passing a bill to compensate him for the harsh result of the law in this case. That’s the way it should work as opposed to twisting the law to fit circumstances it wasn’t intended to address.