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December 11, 2010
Will the Supreme Court Hear the Columbia University Eminent Domain Case?
Reason
By Damon W. Root
Cato Institute legal scholar Ilya Shapiro highlights a big feature story from The Columbia Daily Spectator, Columbia’s undergraduate newspaper, on New York’s controversial decision to use eminent domain on behalf of the elite private university. As Shapiro notes, the Supreme Court is discussing today whether or not to hear property owner Nick Sprayregen’s lawsuit challenging the eminent domain taking, and a decision is expected as early as Monday.
At least four justices will have to vote yes if the full Court is going to take the case. Unfortunately, the liberal bloc will likely vote no. Justices Ruth Bader Ginsburg and Stephen Breyer both joined Justice John Paul Stevens’ disgraceful majority opinion in Kelo v. City of New London (2005), so there’s little reason to think they’re interested in limiting or overturning that unfortunate eminent domain precedent now. As for the new faces, Justice Sonia Sotomayor has her own dubious record when it comes to protecting property rights in the Empire State, and as a self-professed fan of judicial restraint, Justice Elena Kagan may not want to subject New York’s practices to much judicial scrutiny.
But that still leaves five possible yeses. Justice Clarence Thomas will definitely want another shot at curbing eminent domain abuse. His Kelo dissent predicted exactly the sort of government malfeasance we’re now witnessing in both the Columbia and Atlantic Yards cases in New York. Justice Antonin Scalia also dissented in Kelo, though it’s possible his sense of judicial restraint will prompt him to let the 2005 precedent stand. Let’s hope not.
Posted by steve at December 11, 2010 9:05 AM