Thank you Justice Kennedy
Yesterday's Kelo decision by the Supreme Court was as result of Justice Kennedy flip-flopping over to the left on the issue of property rights. The essence of this decision is that wealthy developers now have almost unlimited access to force unwilling individuals to sell their property if the sale is approved by a city council that finds the sale to be in the best interest of the community. It is a sweeping change that truly undermines the foundations of our free enterprise system of equal opportunity and private property ownership. The potential abuse of this new power by cities and developers is staggering.
posted by jph | 10:04 AM
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A day after the Kelo decision was delivered, Freestar Media LLC submitted a proposal in the town of Weare, New Hampshire where majority opinion writer, Justice Souter, owns a farm house. They requested that the town board condemn the land and give it to them, as private developers, who promise to construct the Lost Liberty Hotel in its place. Their tax revenue would no doubt be higher than the reported $2,500 that Justice Souter paid in property taxes last year. It would create employment and attract tourism. The town has a website, and an economic development committee, which has identified its two main goals: 1) Encourage the formation of new businesses, and 2) Promote tourism. However, contrary to its stated goals and the legally sanctioned purpose of economic development, the town’s board turned down the proposal.
So much for poetic justice. Justice Souter’s influence in his community shielded him from his own ruling. No other rational justification can be found.
Thankfully, the legislative branch is now busy at work attempting to shield private property rights from the Supreme Court ruling. It seems that the two may have switched roles, with the House defending the Constitution, and the Supreme Court writing new laws.
I thought I saw Alice the other day! Or maybe it was Justice Souter –skipping in Wonderland, immune to and above the laws he passes.
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