tag:blogger.com,1999:blog-8776899.post113806075699470703..comments2024-03-06T03:15:58.539-05:00Comments on <b>THE NEW REFORM CLUB</b>: Supreme Court SpectatorHunter Bakerhttp://www.blogger.com/profile/14961831404331998743noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8776899.post-1138115424675361122006-01-24T10:10:00.000-05:002006-01-24T10:10:00.000-05:00Oh, I don't think Kelo was a slam dunk case, obvio...Oh, I don't think Kelo was a slam dunk case, obviously -- it was 5-4 after all, and Justice Thomas's dissent made some powerful arguments that not only should Kelo prevail, but that a lot of takings precedent should be revisited. I suppose I should have just said that I wasn't surprised at the decision given recent history, and not left the impression that I thought the plaintiffs' case had no merit. Actually, I was surprised the vote was as close as it was, but then no one could ever tell what O'Connor would do on any given day.Kathy Hutchinshttps://www.blogger.com/profile/11851875819094837357noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-1138112324648555492006-01-24T09:18:00.000-05:002006-01-24T09:18:00.000-05:00From an economist's point of view, "just compensat...From an economist's point of view, "just compensation" is hardly ever offered. Because if it was truly "just" -- in the economic sense of leaving the owner no worse off -- you wouldn't have to force the owner to accept it. The legislative remedy could just as easily be a reform of the meaning of "just compensation" as it could of "public use" -- since if the prospective buyers had to pay the current owners the true value they placed on the land, most of these deals wouldn't make economic sense.Kathy Hutchinshttps://www.blogger.com/profile/11851875819094837357noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-1138111108061251612006-01-24T08:58:00.000-05:002006-01-24T08:58:00.000-05:00I don't want to create skating rinks in Hell or an...I don't want to create skating rinks in Hell or anything, but.....I agree with Tlaloc. If the Court had found for plaintiffs in Kelo it would have been a significant break from previous takings jurisprudence. I'm glad that the suit was litigated, and I'm similarly glad that Mr. Clements is engaging in his delicious conservative political guerrilla theater, but the remedy for these offenses against justice lie with state legislatures, not the Supreme Court. Municipalities have no power that is not "loaned" to them by states, and the states can take it back anytime they want to. The court cases have been useful in shining light on these shameful deals, but it's now time for citizens to make their will felt in their respective statehouses.Kathy Hutchinshttps://www.blogger.com/profile/11851875819094837357noreply@blogger.com