Hmm. I am inclined to respond that I can see no conceivable way for the Supreme Court, regardless of makeup, to strike down the Utah legislation under ANY theory. But then, like a cartoon mouse painting an exit hole on a wall to escape a cat, the Supreme Court has been known to come up with real surprises (Roe v. Wade, for instance).
I agree with you for far more reasons that the Kelo decision that it is imperative to replace the liberal supreme court justices who gave us the Kelo decision with justices of a more libertarian (in a property sense) bent. Janice Rogers Brown would be an excellent replacement.
It should also be kept in mind that the Kelo decision concerned a local taking, not a federal taking. Because of the supremacy clause no state legislation can trump a federal taking. Federal takings will have to addressed on their own terms.
Ok, that's good to know. Any relation to Marriner Eccles, by the way?