Tag Archives: Takings Clause

SCOTUS Decision Day Roundup: Spider-Man royalties, raisin takings, and some Supreme Court humor

By Daniel A. Horwitz

The Supreme Court of the United States issued four opinions today that addressed patent royalty payments, administrative searches of hotel guest logs, use of force against detainees, and the application of the Fifth Amendment’s takings clause to personal property.

A few of the Justices also offered a rare, entertaining glimpse into Supreme Court humor.  “[H]aving the Court of Appeals calculate ‘just compensation’ in this case would be a fruitless exercise,” Justice Thomas wrote in a concurring opinion involving government takings of raisins.  “In this world, with great power there must also come—great responsibility,” quoted Justice Kagan in a case involving royalties over a Spider-Man toy, who also quipped that “[p]atents endow their holders with certain superpowers,” and that “[t]he parties had contemplated that royalties would continue for as long as kids want to imitate Spider-Man (by doing whatever a spider can).”  The day’s four opinions were as follows: Continue reading SCOTUS Decision Day Roundup: Spider-Man royalties, raisin takings, and some Supreme Court humor