Unhappy Anniversary

By: dmc-admin//June 23, 2008//

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Today is the third anniversary of the U.S. Supreme Court’s abominable holding in Kelo v. City of New London, allowing private property to be taken for transfer to a more politically powerful private party. As Justice Clarence Thomas wrote in dissent at the time: “If ever there were justification for intrusive judicial review of constitutional provisions that protect ‘discrete and insular minorities,’ United States v. Carolene Products Co., 304 U.S. 144, 152, n. 4 (1938), surely that principle would apply with great force to the powerless groups and individuals the Public Use Clause protects. The deferential standard this Court has adopted for the Public Use Clause is therefore deeply perverse.” Feel free to vent here.

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