Justice Stevens Adds Fuel to the Fire Over the New London Eminent Domain Case

FindLaw ^ | Monday, Aug. 29, 2005 | Professor MICHAEL C. DORF

[alessandrofiaschi]

A good article!

[alessandrofiaschi]

... even if he seems a Rat...

[wolfpat]

...Medicare, the government-run health insurance program for older Americans, is much more efficient than private-sector health insurance

He's kidding...right?

[stocksthatgoup]

translation: Of course the framers believed that local governments could steal your land.

[America's Resolve]

do they really want to advocate an interpretation of the Fifth Amendment that would lock in government ownership of railroads and other public projects facilitated by the power of eminent domain?

Yeah, but that's NOT what's happening. Construction companies had land theft plans all set in place, just waiting on the Kelo decision. In these cases, it was a straight swap from a landowner to the govt to another landowner.

Kelo TOTALLY trashed private property rights in this country. And that's one of the rights thats the cornerstone of the US system. They've REALLY screwed us all with this.

If a local govt decides that my 6 acres will bring them in more cash for a hotel than I pay in taxes, they can just come in and chuck me out, grubby cash in hand, with nary a word about my life being destroyed as it is.

And it's not just homeowners, its small businesses as well. These lame-brained Justices have just increased the powers of the State at the expense of private individuals a thousand-fold!

KELO SUCKS! And I REALLY, REALLY, REALLY hope that these justices lose their houses so they can be forced to live under the same rules that the rest of us have to live under, that THEY create!

Morons.

[SkyPilot]

Yet he commented at the meeting that his constitutional judgment in that case was "entirely divorced from my judgment concerning the wisdom of the program."

This witless pagan has neither judgement, nor wisdom. New stories say "he is apparently without any religious affiliation."

It shows.

[America's Resolve]

He's kidding...right?

yeah, that's what I thought. I can't think of a program more rife with corruption and mismanagement than Medicare. A program that was supposed to never cost more than 6 billion dollars and now costs about 150 billion is more efficient huh? These justices need some serious psychiatric treatment for their delusions.

[Joe Boucher]

Stevens is a baboso, and I don't think he is capeable of tying his own shoes.
He shouldn't be a grammer school teacher much less a supreme court jurist.

[wolfpat]

Thanks for the clarification. I guess the Kelo decision also repealed the English Language.

[SauronOfMordor]

But now look what happens under the approach favored by many of the Kelo critics. Suppose that a city wants to build a sports stadium on a plot of land that includes some parcels held by owners who do not want to sell at the prevailing market price. Everybody concedes that if the stadium will be owned by the city, then its construction constitutes a public use that will support the power of eminent domain. But, under the rule of the Kelo critics, if the city wants the stadium to be built and owned privately, then the use is no longer "public." Does that make any sense?

This goes to the heart of "What is a legitimate undertaking for a city government"? At the time of the Constitution, the only "takings" contemplated were for roads and actual government buldings. If we restrict legitimate takings to just those two areas, then the authors arguments go away

[yoswif]

Medicare disperses taxpayer's money to doctors and hospitals much more efficiently than insurance companies disperse policy holder's money to doctors and hospitals.

[Past Your Eyes]

"I was just following the law." ----"Just following the law" my arse.

[Adder]

"the principle that public use means public purpose--regardless of whether the ultimate transferee is public or private--has been well established for decades."

I'm not sure that that is true at all. If there was such an understanding then Kelo would have been unnecessary. The use of the term "purpose" greatly expands the power of eminent domain or at the minimum awakens local governments to the immense possibilities of power they were reluctant to possess.
As for it being "decades" since it was established,it could be argued that the initial decisions were wrong and flew in the face of the 5th.
Yes it allowed for "urban renewal" to go forward but, legally, was it the right way to do it or was it an interpretation much like this one: manufactured in disregard of the English language?

[Just mythoughts]

"Medicare disperses taxpayer's money to doctors and hospitals much more efficiently than insurance companies disperse policy holder's money to doctors and hospitals."


Really?? Guess you have NOT heard about all the fraud built into "Medicare". Government is NOT all it is cracked up to be, it's no better than the person/persons dispersing the taxpayer's dollar.

[sauropod]

mark

[pleasedontzotme]

I've said from Day One that Kelo is not going to stand as caselaw. Even ignoring the hue and cry that's been (appropriately) sounded by it, the Supreme Court simply cannot make its mind up on eminent domain takings.

[Jeff Blogworthy]

Translation: "I did not know there would be such a public backlash." The Supremicists think this is a popularity contest.

[R.W.Ratikal]

Stevens has a career of making "judgments divorced from the Constitution."

The whole concept of life appointments should be carefully reviewed. As powerful as many public jobs have become it is very unwise to let someone go on and on after it is clear he has gone askew. Stevens is a perfect example.

[Brilliant]

I don't see how he can say that it was correct as a matter of law. If he were really opposed to the policy, he would have had no difficulty ruling against the government just based upon a plain reading of the verbage in the Constitution.

[the invisib1e hand]

his constitutional judgment in that case was "entirely divorced from my judgment concerning the wisdom of the program."

it's from remarks like this that come labels like "educated fool."