Babbitt v. Youpee (1996)
- Docket
- 95-1595
- Decided
- 1996-01-01
Summary
Question: Does amended Section 207 of the Indian Land Consolidation Act violate the Fifth Amendment's Just Compensation Clause? Conclusion: Yes. In an 8-1 decision, authored by Justice Ruth Bader Ginsburg, The Court ruled that the amended Section 207 of the Indian Land Consolidation Act does not cure the constitutional deficiency The Court identified in the original version of Section 207, which amounted to a taking of private property without just compensation, in violation of the Fifth Amendment. Justice Ginsburg wrote Section 207 is unconstitutional because it "severely restricts the right of an individual to direct the descent of his property."