I must say I’m at a loss as to why the Supreme Court’s decision in Kelo was “sickening.” First, as a practical matter, the landowners did better in this case than anyone expected. Few observers predicted three votes against eminent domain, and they got four. Second, I don’t understand why conservatives are evaluating a Supreme Court decision primarily on the basis of what it allows state and local governments to do. I find the use of eminent domain for economic development to be obscene and immoral. I feel the same way about laws against consenting sexual activity conducted in private by adults. But the fact remains that state and local governments have a fair amount of power under our constitution to enact either. We often tell folks on the left that not every social ill should be cured by the courts, and that should apply no less when “conservative” interests are at stake.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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