Tuesday, July 19, 2005
On the eminent domain ruling
Looky here, y'all, for the SCOTUS ruling in Kelo vs. City of New London. (Yes, it took me a while to weigh in. But I just read the thing.)
This is a reasoned set of documents. The world is not ending. What this is is a case of stare decisis running away with itself.
It's a Big Check that now requires a Big Balance -- and it's under way, in statehouses all over the land.
I do not agree with Justice O'Connor that state action is not a proper reaction to this decision, from which she dissented. Whoa. Le't fix that sentence. I think that states acting to meet this unpopular but logical aberration from the historic concept of "public use" is an appropriate response.
Because while the case is a slap at liberty, specifically private property rights, it is not illogical. It depends on what your definition of "public use" is.
The court has ruled. Let the states now rise to their own sovereign duty -- but may they make haste, for the moneyed interests of the land are already acting on this new power.
--ER
This is a reasoned set of documents. The world is not ending. What this is is a case of stare decisis running away with itself.
It's a Big Check that now requires a Big Balance -- and it's under way, in statehouses all over the land.
I do not agree with Justice O'Connor that state action is not a proper reaction to this decision, from which she dissented. Whoa. Le't fix that sentence. I think that states acting to meet this unpopular but logical aberration from the historic concept of "public use" is an appropriate response.
Because while the case is a slap at liberty, specifically private property rights, it is not illogical. It depends on what your definition of "public use" is.
The court has ruled. Let the states now rise to their own sovereign duty -- but may they make haste, for the moneyed interests of the land are already acting on this new power.
--ER
