Wednesday, July 13, 2005
Was Kelo The Lost Battle That Won The War?
I haven’t posted about Kelo lately, but the matter is far from over. You might even say that the political process and the various balances of power are working as they should. Which is not to say it should have required a landmark case and near universal outrage for action to flow in the direction of property rights.
Via Alphecca, via Nashville Files, SCOTUSblog reports on the continuing fallout from Kelo.
The powers that be in Connecticut have placed all local eminent domain plans on hold pending possible changes to the law. This is great:
Rell was harsh in her criticism of the Supreme Court. “This issue,” she said in a statement Monday, “is the 21st Century equivalent of the Boston Tea Party: the government taking away the rights and liberties of property owners without giving them a voice. But this time it is not a monarch wearing robes in England we are fighting—it is five robed justices at the Supreme Court in Washington.”
Referring to the Court’s ruling in the New London case, state Rep. Michael P. Lawlor, a Democrat, told reporters in Hartford: “The legal case is over, but towns in our state exist by virtue of state law...theoretically, we could tell them to stop if that’s what we wanted to do.” In an account of his remarks, the New London newspaper, The Day, quoted Lawlor as saying: “I think we all agree that we want to draw a line to make it impossible to seize private homes simply to benefit a private developer. We want to prohibit it.”
Heh.
Perhap Susette Kelo lost the battle, but in doing so has won the war, benefitting us all.
Kelo-related posts:
Will The Supremes And Bad Lawyering Perpetrate A Constitutional Travesty?
United States Constitution, 1788 - 2005: Promise Unkept
Bad Precedent
Additional Kelo Fallout Thoughts
Will the Money Be Followed?
Kelo and Raich: The Root of the Supreme Court Problem?
Olek V. New London Case
Kelo and "Fair" Value
Boycotting Can Be Hard
Becker and Posner on Kelo and Eminent Domain
Kelo, IOLTA and Drugs - Oh My
Sama on Kelo, Disney, and Boston's West End Tragedy
Was Kelo The Lost Battle That Won The War?
You Thought The Kelo Outcome Couldn't Be Worse?