Friday, June 24, 2005

Supreme Court Ruling and Property Rights

Yesterday's Kelo v. New London decision (PDF) may be a major turning point in American legal history, while the reaction to it may become an equally significant turn in American politics. The Washington Post editorial describes it as a legally correct decision with a bad result, while George Will writes that this is one case where a little judicial activism would have been more than appropriate.
Those on the receiving end of the life-shattering power that the court has validated will almost always be individuals of modest means. So this liberal decision -- it augments government power to aggrandize itself by bulldozing individuals' interests -- favors muscular economic battalions at the expense of society's little platoons, such as homeowners and the neighborhoods they comprise.

Meanwhile, the Volokh Conspiracy comments and hosts a lengthy discussion on Kelo in the Blogosphere.

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