Statutory Interpretation – 5th and 14th Amendments

By: Derek Hawkins//September 16, 2021//

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United States Supreme Court

Case Name: Cedar Point Nursery, et al., v. Victoria Hassid, et al.,

Case No.: 20-107

Focus: Statutory Interpretation – 5^th and 14^th Amendments – Right to Access

A California regulation grants labor organizations a “right to take access” to an agricultural employer’s property in order to solicit support for unionization. Cal. Code Regs., tit. 8, §20900(e)(1)(C) (2020). Agricultural employers must allow union organizers onto their property for up to three hours per day, 120 days per year. The question presented is whether the access regulation constitutes a per se physical taking under the Fifth and Fourteenth Amendments.

Reversed and remanded

Dissenting: BREYER, J., filed a dissenting opinion, in which SOTOMAYOR and KAGAN, JJ., joined.

Concurring: KAVANAUGH, J., filed a concurring opinion.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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