Tomorrow the Supreme Court will hear oral arguments in Kelo v. New London, a case challenging the use of eminent domain for economic development. I think this is a tough case for some conservatives. While the use of eminent domain to take private property for economic purposes is clearly suspect, that doesn’t mean it’s unconstitutional. Moreover, the original meaning argument that the Fifth Amendment precludes the use of eminent domain for such purposes is not all that strong. For more on the issues involved, check out the papers and webcast materials from this conference on the case.