Quote:
Originally posted by Tyrone Slothrop
Suppose that I sue club because he's using a charcoal grill and making my patio all smoky. I sue under the California common law of nuisance, but I lose. Aggreived, and unwilling to give up, I go to Senator Boxer, who pulls some strings and gets Congress to pass a law saying that the judgment in my particular suit -- and that suit only -- is null and void, and that I can get a de novo trial in federal court.
I don't think the Supremacy Clause was meant to permit this sort of retroactive thing, and it seems like something in the Constitution should bar it. But I don't know wha.
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Well, both the Takings clause and Bill of Attainder clause might get you towards your argument. But if not, other than seeming "wrong", doesn't this happen every day--Congress moves wealth from one pocket to another through legislation.
What if the Congress passed a bill saying all gay marriages in Massachusetts are void? Same result? Different because of different const. grounds?
