There are a few problems with President Bush going out and attacking the Supreme Court’s Kelo decision. First, the Bush Administration had the opportunity to intervene on the side of the homeowners, and they decided not to. Indeed, it was pretty clear to those watching the case that if the Solicitor General’s office participated at all, it would have been on the side of the city government seeking to use eminent domain. Second, this was a legitimately tough case. Despite my detest for the use of eminent domain for such projects, it’s not clear they are barred by the Constitution. Third, it’s not at all clear that this decision allows for naked wealth transfers through eminent domain. There is language in both the majority opinion and Justice Kennedy’s concurrence that would suggest blatant rent-seeking could still be struck down.