Marvin M. Brandt Revocable Trust, Petitioners v. United States. — Sotomayor, J., Dissenting

Summary

Justice Sotomayor dissents from the Court's holding that the General Railroad Right-of-Way Act of 1875 granted only an easement, not a fee, arguing the decision ignores controlling precedent in Townsend and Stringham which recognized a reversionary interest in the Government. She contends Great Northern did not overrule those holdings and that railroad rights of way are sui generis property rights where ambiguities are resolved in favor of the sovereign grantor.