ARC's 1st Law: As a "progressive" online discussion grows longer, the probability of a nefarious reference to Karl Rove approaches one

Thursday, June 23, 2005

USSC Ruling - According to St Wendeler

H/T InstaPundit

See Legalized Stealing by ARC: Brian as well.

For all those leftists that complain about the center-right justices on the court, two recent rulings would seemingly go against their conventional wisdom on what it means to be an originalist.



In the medical marijuana case, Justice Thomas (true to original intent) argued that medical marijuana was outside of the jurisdiction of the Commerce Clause (although growing wheat for the consumption of one's own livestock was ruled to be in violation of the Commerce Clause during the Great Depression and this ruling seems to be consistent with the "logic" employed at that time).

In the most recent case, the most conservative justices sided with "the little guy," opposing businesses and local governments that seize property for private development. The ├╝ber-lefties on the court however think it's just a grand idea for the government to seize private property - and they prevailed.

High court OKs personal property seizures
Majority: Local officials know how best to help cities
Thursday, June 23, 2005; Posted: 10:50 a.m. EDT (14:50 GMT)


WASHINGTON (AP) -- -- The Supreme Court on Thursday ruled that local governments may seize people's homes and businesses -- even against their will -- for private economic development.

It was a decision fraught with huge implications for a country with many areas, particularly the rapidly growing urban and suburban areas, facing countervailing pressures of development and property ownership rights.

The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

As a result, cities have wide power to bulldoze residences for projects such as shopping malls and hotel complexes to generate tax revenue.

Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices said.

"The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including -- but by no means limited to -- new jobs and increased tax revenue," Justice John Paul Stevens wrote for the majority.

He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

Susette Kelo and several other homeowners in a working-class neighborhood in New London, Connecticut, filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.

New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights, even if the area wasn't blighted.

Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities should not have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers.
[...]
"Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."

She was joined in her opinion by Chief Justice William H. Rehnquist, as well as Justices Antonin Scalia and Clarence Thomas.

Who's standing up for the little guy again????

Oliver - Put down that Twinkie and RESPOND!!!

Wizbang, Malkin covering...

***update***
*Crickets chirping on the left side of the blogosphere...*
Nothing on Kos, DemocraticUnderground, OliverWillis.com, DavidSirota, CommonDreams.org, or even local lefties like Downleft or HillaryNow.

I bet they're all out looking for Rove to apologize or to find the latest pics of GannonGuckert...



Your Co-Conspirator,
ARC: St Wendeler