Kelo was decided - rightly - on Federalist grounds. It might be bad policy, but that's not the Federal court's job to establish. Kelo amply demonstrated that all through the 1800's, eminent domain was legally used for private development.
You are right - this is ripe for abuse, but that doesn't mean the Court should butt in and fix it.
Agreed. BTW, my state enacted what is effectively the restrictions the Padre noted years ago. Kelo couldn’t happen here. If people in the other states want protection from the Kelo decision, they can have it from their legislatures.
There may be all sorts of reasons to oppose this nominee, but this one based on a panel decision in Didden is just one more piece of the ever expanding nonsense coming from the losers of the last election.
Just so readers understand what the panel decided in Didden, the Circuit affirmed a District Court order on a Motion To Dismiss for Failure to State a Claim on the grounds that Didden’s claim was barred by the 3 year statute of limitations applicable to 42 USC 1983 actions in New York state. In other words, Didden filed his case too late. Freepers are being played like cheap violins! Here’s a link to the decision:
http://vlex.com/vid/didden-village-port-chester-summ-ord-20315525