Thursday, June 23, 2005

Welcome to the U.S.S.A.

I, too, am back!

The Supreme Court today released its Kelo v. City of New London opinion, holding that the taking of private property for a city "revitalization" project, benefiting private companies who want to develop commercially, is legitimate under the Takings Clause. I have my knee jerk reaction, though I haven't been able to read more than the Court syllabus yet.

It was a 5-4 vote, with Kennedy joining the "liberal" justices. I feel that in light of Raich two weeks ago that this has been a somewhat tumultuous term for this Court. I was also surprised by their 9-0 opinion in the Religious Rights in Prison case, Cutter v. Wilkinson, of two weeks ago. I have felt like these justices are all over the place, to put it simply. Liberals disregarding their vigilant stance on Establishment Clause issues. Conservative crossovers pleading cumulative effects and disregarding their other readings of a narrow commerce clause.

What a joy to be a geek in the summertime hit parade of the High Court!