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To: jim_trent
"State's rights" was hardly on Souter et al minds.

Souter/Kennedy opinion, O'Connor/Thomas dissent

174 posted on 06/25/2005 6:20:03 AM PDT by jla
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To: jla

Yes, I already read it (unlike many who have posted here). It doesn't matter if they said those words or not. They said this:

"We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose “public use” requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state constitutional law,"

Sounds like States rights to me.


176 posted on 06/25/2005 5:16:37 PM PDT by jim_trent
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