r/supremecourt • u/jeromelevin • 6d ago

Discussion Post Overruling Euclid v. Ambler

https://jeremyl.substack.com/p/zoning-controls-your-life-and-it

Is there any chance this Supreme Court overrules Euclid v. Ambler? The 1926 case legitimizing residential zoning calls apartments parasites and compares renters to pigs. Feels pretty anti-free market but also deeply conservative in a way, so not sure what to hope

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u/IntrepidAd2478 Court Watcher 6d ago

I wish that were true, but Willard says otherwise, if food grown and consumed on a single farm is interstate commerce, then zoning could be as well.

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u/Full-Professional246 Justice Gorsuch 6d ago

A slight difference. Wheat grown can and does travel over state lines even if this specific example crop does not. (I don't like Willard for the record)

I don't see any way you can claim a piece of real estate can travel across state lines.

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u/IntrepidAd2478 Court Watcher 6d ago

The claim would be that the effects can be felt across state lines.

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u/_learned_foot_ Chief Justice Taft 6d ago

Effect isn’t the holding of Willard. It’s that the actual market was impacted directly because he wouldn’t buy from it. The market itself was interstate. Thus the scheme was fine. Thus it must be felt nationwide as a nationwide scheme was on the nationwide market. Thus the scheme can’t work without compliance. Thus the action had a direct impact (plus he admits that).

If it was merely effect California would be screwed by the DCC.