Eminent Domain

Non-Sequiturs: 05.15.12

* “Now everybody’s gonna know that you died scratching my balls.” [Roll On Friday]

* “Get these motherf***ing iguanas off my… wait, iguanas? That’s not cool. Maybe we should go with ‘snakes’ or something. Unless you like hotz-pacho.” — conversation I wish happened. [Legal Blog Watch]

* The counterclaim from this allegedly pervy lawyer is priceless. [Not-So Private Parts / Forbes]

* Look, every time a company loses a bunch of money doesn’t mean a crime has been committed. [WSJ Law Blog]

* I actually think that liberals care about property rights just as much as conservatives. It’s just that liberals don’t automatically assume that any use of eminent domain is inherently nefarious. [The Volokh Conspiracy]

* Wait, sometimes my order from Amazon gets delayed because somebody stole it at the post office? [Legal Juice]

* Everybody, let’s say welcome to another publication that has figured out recent law graduates are drowning in debt. [Salon]

My court has, by my lights, made many mistakes of law during its distinguished two centuries of existence. But it has made very few mistakes of political judgment, of estimating how far … it could stretch beyond the text of the constitution without provoking overwhelming public criticism and resistance.

Dred Scott was one mistake of that sort. Roe v. Wade was another … And Kelo, I think, was a third.

– Justice Antonin Scalia of the United States Supreme Court, commenting on several cases in which he believed SCOTUS had made mistakes of political judgment. His speech was given at the Chicago-Kent College of Law (which, as you may recall, is facing a potential class action suit over its post-graduate employment data).

Susette Kelo's home

Had I known all of what you just told us, I would have voted differently. I’m sorry.

Justice Richard Palmer (the deciding vote in the groundbreaking Kelo v. New London case) of the Connecticut Supreme Court apologizing to Susette Kelo and keynote address speaker Jeff Benedict at a dinner honoring the Court. Benedict’s novel, “Little Pink House,” documents Kelo’s personal story.

This is the kind of story that sounds unbelievable — until you realize that it’s dealing with the people who run Utah. The WSJ Law Blog reports:

Utah Governor Gary Herbert on Saturday authorized the use of eminent domain to take some of the U.S. government’s most valuable parcels.

A state is invoking the Takings Clause against the federal government? This reminds me of the time I came home and my dog told me to get off the couch. Sure, I was surprised that my dog was (a) talking and (b) ordering me off my own property. And so I resolved, right then and there, to never drop acid again.

Unfortunately, I don’t know what the hell Utah lawmakers are smoking …

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