Who were the 5?
John Paul Stevens authored the opinion - dunno who the other four are yet (it was 5-4).
The usual suspects plus Kennedy.
Who do you think? The only question is, who was the fourth?
The five distinguished judges were:
Stevens
Kennedy
Souter
Ginsburg
Breyer
http://www.cnn.com/2005/LAW/06/23/scotus.property.ap/index.html
I'm sure your guess would be right on, or should I say left on?
[From WSJ] "Justice John Paul Stevens wrote for the majority. He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use" and if "just compensation" is provided.
***
Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities shouldn't have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers.
***
"Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," Justice O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
She was joined in her opinion by Chief Justice William H. Rehnquist, as well as Justices Antonin Scalia and Clarence Thomas. (Kelo et al v. City of New London)"