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Unhappy Anniversary

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.

One comment

  1. What did you expect from the US Supreme Court? Justice? Fairness? Solicitude for the Constitution? Those are fairy tales they tell in law school. Since the founding of this nation, the Court has consistently taken the position that (1) government comes first; (2) large corporations second and (3) “We the People” are a bunch of chumps who are more a nuisance than the font of Constitutional power. Like snowflakes falling, one by one the Court has built up an oppressive body of law that treats real people like third-class citizens.

    What the justices do not seem to comprehend is that most people know the Court will treat them unfairly and accordingly, they could care less about the court. When was the last time you heard somebody quote the court? If at all, the probably said “You have the right to remain silent……” A 40+ year old decision. Ever since Bush v. Gore, the people’s faith in the US Supreme Court has hit rock bottom. But why should they care, the Court’s real job is to defend the status quo of the elite, not the Constitution.

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