Friday, April 16, 2010

The Economist on Kelo as the worst opinion of Justice Stevens

On the news of Justice Stevens' retirement announcement, I linked to an article by John Echeverria that makes a generally positive portrayal of Justice Stevens' overall legacy in the area of property law.  The Economist, however, focuses on his Opinion for the Court in Kelo, with a thumbs-down.  On its American politics blog is the article Kelo: The worst decision of Justice Stevens.  It begins:

IN A long and distinguished career, Justice Stevens wrote many decisions that I applaud. . . .

But his opinion in Kelo v New London (2005) was simply terrible. . . .

The article goes on to say: "This massively expanded the government's power of eminent domain."  Most legal scholars would probably disagree with that statement, at least with respect to the Berman and Midkiff precedents.  It continues with a description of the backlash and speculates that then-Governor Janet Napolitano's veto of an Arizona anti-Kelo measure would be a problem for her should she be nominated for the Court vacancy.

Caselaw, Eminent Domain, Politics, Property Rights, Supreme Court, Takings | Permalink

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