June 23, 2008
Justice Alito and Property Rights
Lyle Denniston at Scotusblog notes that Justice Alito took the unusual step of noting that he would have voted to grant cert in Goldstein v. Pataki, the public use case involving the Atlantic Yards development in Brooklyn. As Ilya Somin comments, this could be a way of signaling disagreement with Kelo. Of course, Justice Alito replaced Justice O'Connor, who dissented in Kelo, and the five-member majority in Kelo is still on the Court.
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