… but Republicans win. Today’s ruling is mind-boggling to me. As O’Connor said in her dissent:
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.
It’s highly important, it seems to me, how the Justices lined up on this issue. All the liberals — Ginsburg, Stevens, Breyer — and two of the “moderates” (I know, don’t laugh) — Kennedy and Souter — sided with big business and big government. All the conservatives — Scalia, Thomas, Rehnquist — and one moderate (O’Connor) stood up for the little guy.
This is going to be politically very, very potent. Everybody can understand the fear of the rich and powerful business interests colluding with big government to squish the little guy like a bug. This is not America. Except that thanks to SCOTUS, it is.