When faced with a clash of constitutional principle and a line of unreasoned cases wholly divorced from the text, history, and structure of our founding document, we should not hesitate to resolve the tension in favor of the Constitutions original meaning. For the reasons I have given, and for the reasons given in Justice OConnors dissent, the conflict of principle raised by this boundless use of the eminent domain power should be resolved in petitioners favor. I would reverse the judgment of the Connecticut Supreme Court.
- Thomas, J., dissenting
I would hold that the takings in both Parcel 3 and Parcel 4A are unconstitutional, reverse the judgment of the Supreme Court of Connecticut, and remand for further proceedings.
-Justice OConnor, with whom The Chief Justice, Justice Scalia, and Justice Thomas join, dissenting.