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Re: “Sickening Opinion”


Oh Jonathan …

First, the homeowners lost. Whether they got 3 votes or 4 is of no consequence. Ask them. Second, every social ill should not be solved or even addressed by the Court. Unfortunately, many have been, and since the Court is the fount of all liberty, as my liberal and libertarian friends constantly remind us, where else do the aggrieved go — unless, of course, we find a way to reestablish the co-equal branches part of the Constitution — with which I am certain my liberal and libertarian friends would be uncomfortable. Here, however, we had a straightforward challenge under the takings clause, which is actually part of the federal Constitution. As I recall, the Fifth Amendment was ratified by the states, along with Nine other amendments. If the proposition, not plainly stated, is objection to the incorporation doctrine, that is certainly a debate worth having. However, it clearly was not an issue here, as the matter has been settled (at least for now) by the Court itself. Therefore, although I would not have brought this case given the current make-up of this Court and its hostility to many things private and free, the Court is the only place, in the end, where it could be brought for redress, unless, of course, we reign it in through various constitutional devices. Hence, my book.


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