Stop the \u3ci\u3eStop the Beach\u3c/i\u3e Plurality!

Abstract

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of judicial takings, and justified it with arguments drawing on text, history, precedent, and common sense. This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited