The Kelo case was decided before one of our new justices was appointed to the court, I believe - and all four “conservative” justices dissented. Please correct me with the facts if I am incorrect.
Both justices who were replaced voted pro-rights on Kelo. While the replacements are arguably more conservative, if Kelo were decided today, the result would still be 5-4 in favor of the denial of peoples rights.
Spacetrucker:
You are incorrect. Both Rehnquist and O’Connor were on the USSC at the time, and both ruled in favor of Kelo, and against the omnipotent State. Kennedy betrayed the free Republic on that one, along with the usual suspects.
Also, both joined Thomas in dissenting on medical marijuana, with Kennedy and Scalia joining the anti-life four. I am certain Alito will rule correctly in Parker. I have no idea how Roberts will rule. Kennedy will concur with Roberts, but write a separate opinion joined by no one, if Roberts writes the opinion for five on this one. However, I expect that Alito will write the opinion, with second choice Thomas, and third choice (unlikely, unless the decision is narrow) Kennedy.
The reason Ginsburg and Breyer voted against medical marijuana is that it would imply that states have powers and individuals have rights. And that’s not in their playbook.