On 11/1/2023, during Senate Judiciary Committee hearing, a Biden judicial nominee engaged in a conversation with Senator John Kennedy (R-LA), discussing the concept of rent control and the role of legal precedent in decision-making. The nominee to be United States Circuit Judge for the First Circuit, Seth Robert Aframe responded to a series of inquiries from Senator Kennedy. When asked about rent control, the judicial nominee provided a basic understanding of the concept, acknowledging that it limits landlords’ ability to raise rent in certain cities. However, Robert Aframe expressed their lack of familiarity with the subject, stating, “I have never dealt with rent control.”

Senator Kennedy posed a crucial question about whether rent control could be considered a government “taking” that merits compensation for property owners. In response, Robert Aframe admitted not being well-versed in “takings” and hesitated to give a definitive answer, noting that they would need to study the issue further. Nominee Robert Aframe suggested that the government’s interests in housing and property owners’ interests in maximizing profits were competing factors in their analysis.

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Q: compensation for property owners since rent control could be considered a government “taking”?