« David Walentas Unplugged | Main | REMINDER: CBN Meeting TONIGHT »

October 11, 2005

Lame Defense

The Washington Times
by Bruce Fein

This Washington Times opinion piece points out the folly of defending Harriet Mier's nomination to the high court on the basis that "a 'modicum of practical judgment' might have saved the Supreme Court from its asserted misstep in Kelo, which upheld eminent domain to boost economic growth." Without a track record, how would we know how she might have voted.

article

NoLandGrab: Don't be fooled by BOTH sides of this argument. Miers would be replacing Justice Sandra Day O'Connor, who sided with the homeowners in Kelo. Even if O'Connor's replacement was a staunch property rights advocate, it wouldn't have changed the balance in the recent case. The same goes for the Chief Justice.

Property rights advocates are hardly watching the new faces on the court. They are more concerned with State legislatures enacting tough legislation and cases that might be headed towards the Supreme Court (i.e. Gambles vs. Norwood, OH) that will give the Supreme Court another stab at drawing a line between private property rights and public seizures for private developers.

Posted by lumi at October 11, 2005 8:37 AM