Opinion

Swisher International, Inc. v. Schafer

  • 550 F.3d 1046
  • 2008 U.S. App. LEXIS 24719
  • 2008 WL 5071350
Court
Court of Appeals for the Eleventh Circuit
Filed
Dec 3, 2008
Status
Published
Author
Cox
On the bench
Anderson, Barkett, Cox
Cited by
59 cases

rejecting a due process–based argument that a law “im- pose[d] retroactive liability that is disproportionate to [the peti- tioner’s] participation in the . . . program” because the law served legitimate legislative purposes and Congress chose rational means

How later courts described this case

  • rejecting a due process–based argument that a law “im- pose[d] retroactive liability that is disproportionate to [the peti- tioner’s] participation in the . . . program” because the law served legitimate legislative purposes and Congress chose rational means
  • assuming that neither the four-person plurality nor a single justice’s concurrence was narrower, independently analyzing the underlying issue, and siding with the single justice, partly on the ground that the dissenters agreed
  • concluding that imposing an obligation to contribute to a fund that would buy out tobacco farmers did not constitute an unconstitutional taking
  • declining to apply takings analysis to a FETRA challenge in part because five justices in Eastern Enterprises “expressed the view that the Takings Clause does not apply, where there is a mere general liability”

Written by the judges who cited it.

The opinion

COX, Circuit Judge, specially

concurring:

I concur in the judgment. I agree that the Act does not violate the Takings Clause. I also concur in sections III.B. and III.C. of the opinion, holding that Swisher’s due process and equal protection rights are not violated by the obligations the Act imposes on Swisher.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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