In Pung v. Isabella County (No. 25-95), the Supreme Court is considering whether the Takings Clause requires governments to compensate property owners based on the fair market value of their property following a tax foreclosure, rather than limiting compensation to the proceeds generated by the foreclosure sale. The case also asks whether the government’s retention of the difference between the property’s alleged fair market value and the amount realized at auction may implicate the Excessive Fines Clause of the Eighth Amendment. The dispute arises from a foreclosure in which the property was sold for less than its asserted market value, raising questions about whether constitutionally “just compensation” turns on market value or the results of the auction-priced foreclosure process itself.

On March 4, the Supreme Court heard argument in Montgomery v. Caribe Transport, II, a case that presents an important question at the intersection of federal preemption and state tort law: whether common-law negligent selection claims against freight brokers are preempted by the Federal Aviation Administration Authorization Act (FAAAA). The dispute centers on whether such claims impermissibly regulate a broker’s core services—particularly the selection of motor carriers—or instead fall within the statute’s safety savings clause preserving state authority over motor vehicle safety.