I Seriously Can't Stop Talking about Kelo
And I'm not alone.
It seems like everyone is afraid of eminent domain now. Honestly, you probably won't lose your home to a developer. That is just a matter of statistics. But people should know their rights, or lack of thanks to the Court, and Kelo has gotten a lot of people to pay attention. From an informal poll I took (OK, I asked a bunch of people at a bar), not many people understand eminent domain or know about the Takings Clause in the 5th Amendment. It isn't a very difficult concept (aside from some distinctions between whether a taking has actually occurred) and I managed to explain it to my table with a few beers under my belt.
I really think that this decision will carry over into the upcoming confirmation hearings. I think that Republicans could use the issue to get the public on the side of the nominee. Get whoever it is to come out strong in favor of property rights, don't go so far as to hammer the Court over Kelo itself though. That wouldn't be very respectful to one's future coworkers. But I think that there is a sufficient segment of the population that is against this decision and want a Supreme Court justice who agrees with them.
I plan on spending most of tonight reviewing takings cases in my Property casebook because I am a nerd.
It seems like everyone is afraid of eminent domain now. Honestly, you probably won't lose your home to a developer. That is just a matter of statistics. But people should know their rights, or lack of thanks to the Court, and Kelo has gotten a lot of people to pay attention. From an informal poll I took (OK, I asked a bunch of people at a bar), not many people understand eminent domain or know about the Takings Clause in the 5th Amendment. It isn't a very difficult concept (aside from some distinctions between whether a taking has actually occurred) and I managed to explain it to my table with a few beers under my belt.
I really think that this decision will carry over into the upcoming confirmation hearings. I think that Republicans could use the issue to get the public on the side of the nominee. Get whoever it is to come out strong in favor of property rights, don't go so far as to hammer the Court over Kelo itself though. That wouldn't be very respectful to one's future coworkers. But I think that there is a sufficient segment of the population that is against this decision and want a Supreme Court justice who agrees with them.
I plan on spending most of tonight reviewing takings cases in my Property casebook because I am a nerd.
