Outrage Lingers Over Property Rights Ruling

GOPUSA ^

[Ken H]

Also, you'll hear a lot about how the states should pass legislation protecting homeowners. . . won't work. All a grifting developer has to do is appeal, invoke Kelo (stare decisis) and the 14th amendment.

I agree this is a horrendous decision, but ED/private property protections are still an available option for States. From the majority opinion:

"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."

[Smartass]

Congress!

[tumblindice]

Not sure if they still use a "rational relationship to a legitimate state interest" test, but I can assure you that if `push comes to shove', and another developer complains that some stubborn homeowners are `standing in the way of progress', you will see a federal appeals court enforcing Kelo. That stuff you cited from the majority opinion was just window-dressing.
And that's why developers are ecstatic and so many middle-class Americans are unhappy with them.

[shield]

IMPEACH THE BLACK ROBES...it's an impeachable offense when rulings are not according to the ORGANIC CONSTITUTION!!!!

It appears we've got at least 5 blk robes in the supreme court that should be IMPEACHED!!!!

[patton]

I think that this new law, new amendment thing is a waste of time.

What would the amendment say?

"This time we MEAN it."

No, throwing a few of them to the curb is a much better idea. I emailed Logan, and offered to invest $10k, as soon as he can produce a business plan.

[Happy2BMe]

Yes, Congress passed it but it was contrived and crafted by U-KNOW-WHO prior to Congress mulling over it.

Hint: The U.S.S.C. covers their own ar$e$.

[Jersey Republican Biker Chick]

Did you read the threads I linked in here earlier? I think it is great that the developer is taking it right to Justice Souter!

[patton]

I read both of them - the Developer is the guy I offered to invest with.

[Dashing Dasher]

We're trying to get into the ground floor of a construction company dedicated to building hotels on each USSC Justices' Homesite. I mean - just the Fab Five.

Let the games begin.

[Jersey Republican Biker Chick]

I hope it all works out and you make $$$millions from the deal.

[mosquitobite]

Sad thing about impeachment is, if the shoes were reversed:

if it were the Dems in the majority in Congress and
it were the Republican nominated justices on the court that made this decision...

Is there any DOUBT what they'd do? Sad really. Our party has NO CLUE how to grab someone by the balls. They're really blowing it with this one.

[Jersey Republican Biker Chick]

I like revenge games. I think it is what they deserve.

[Dashing Dasher]

I'm Russian. Revenge is part of our DNA.

[Jersey Republican Biker Chick]

Well, let the REVENGE begin!!

[Smartass]

Both statutes are a joke. Anytime, any governmental body oversees themselves, they do exactly that...protect their A$$S. All complaints are first ruled on by the circuit chief judge. Next, it's ruled on en banc. None go anywhere, but into the trash. Basically, federal judges do WHATEVER they want, with IMPUNITY!

[flada]

If that's the case, then this decision flies in the face of Soldal vs. Cook County in which a unanimous USSC overturned lower courts stating that if the 4th Amendment protects property, that one's home is certainly property and therefore protected.

In Soldal, the complainant alleged that his 4th Amendment rights were violated when the Cook County Sheriff's Dept. aided his landlord in towing his trailer off of the lot without the necessary eviction order. (If I seem to know a good deal about this case, it's because the lovely Mrs. Flada is also Mr. Soldal's daughter.)

[Happy2BMe]

I was reading an article in the newspaper today about the dissent within the U.S.S.C.

There is a good deal of it - meaning these oligarchic rulers don't even trust themselves. They fight like brats at a Ritalin party.

Makes you feel good, don't it?

[Political Junkie Too]

If you haven't by now, you should read Thomas' dissent.

-PJ

[tumblindice]

more fun with federalism:
http://en.wikipedia.org/wiki/premption_of_state_and_local_laws_in_the_united_states
Sure, the preemption doctrine is limited to statutes.
The SCOTUS wouldn't provide that hopeful language in their opinion, then ride rough-shod over states rights by accepting an appeal, even though a state statute bore a rational relationship to a legitimate state interest: preventing developers from making tax-payers--granted, they pay less taxes than the new development would pay--homeless?
Would they?

[oblomov]

The media will try to sink or ignore this nascent movement. They thrive off of advertising money. RE developers are HUGE advertisers in newspapers and TV.