Did you ever read the Supremacy Clause? The United States Consitution is the Supreme Law of the Land. The CT State Supreme Court cannot override the Consitution. How about the 5th Amendment? In his opinion, Justice Stevens actually CHANGED the words to “public benefit”. What happened to 2/3rds of the House and Senate and 3/4 of the States to change the Constitution? This decision was and is indefensible and is probably the worst example of judicial activism in Supreme Court History.
The Supremacy Clause is only applicable in support of an enumerated power. While I don’t think emminent domain should be used the way it was in Kelo, I’d like to know what enumerated power the Supremacy Clause would be invoked in support of to make it applicable in this case.
The 5th Amendment does not define ‘public use’. So how could the Justice Stephens change it?