[Wphile]

Can they do that? Don't they need another case before it comes before them again. I saw Sandra Day O'Connor talk about this and she thought it would spawn lots of legislative activity (at the state level anyway) barring such an action taking place. And, indeed, it has. I know of a number of states that having already enacted legislation that would ban the sort of practice that Kelo allows.

[patriciaruth]

Can they do that?

The Justices decide which cases they will take.

They can easily be on the look out for a case and take it if it will give them the opening they need to reverse Kelo.

[snugs]

I was about to ask the same question as I would have thought for a decision to reversed then an appeal or new case would have to come before the court.

Obviously being English I do not fully understand your system but just thinking of it as a court of appeal/High Court works in the UK I would have thought it must be similar.