Today in Supreme Court History: September 2

Hawaii Housing Authority v. Midkiff, 463 U.S. 1323 (decided September 2, 1983): Rehnquist denies stay of Circuit Court order recalling an earlier decision as to whether Hawaii Land Reform Act violated Fifth Amendment “takings clause” and enjoining housing authority from pursuing any state administrative or judicial proceedings under the Act; possible Younger abstention (federal courts will wait until state proceedings are concluded) but notes that Circuit Court will shortly revise its decision (the Court eventually held no Fifth Amendment violation because land would be taken for “public use”, 467 U.S. 229, 1984) (Hawaii, aware of ownership of Oahu being in so few hands, bought the land at issue from a trustee of the traditional monarchy; it consisted of many little leaseholds, which it sold to the tenants at market value; this attempt at land redistribution was thwarted when Japanese investors came in, though they bought at a high markup, so the tenants ended up o.k.)