Friday, December 8, 2006
Ilya Somin has a detailed post up at the VC on Didden v. Village of Port Chester, a potentially important public use case out of the Second Circuit. The case is up on a petition for cert to the Supreme Court, and Ilya and a group of other law professors (a bunch of prominent folks and a random guy (yours truly)) have filed an amicus brief asking the Court to take the case. Ilya covers the facts of the case in his post, but I'll add two observations. First, it is not clear to me that the Second Circuit actually read the Supreme Court's opinion in Kelo, rather than just reading the news reports about Kelo. Second, I realize that signing on to the amicus brief undercuts my earlier request that the Court not grant cert on any takings cases for a few years. As Emerson observed, consistency is the hobgoblin of little minds.
[Comments are held for approval, so there will be some delay in posting]