Volokh Conspiracy "In an e-mail written while he was working in the George W. Bush administration, Donald Trump’s Supreme Court nominee Neil Gorsuch denounced Kelo v. City of New London, a terrible Supreme Court property rights decision that Trump himself has often praised. " Kelo ruled that the government has the power to take private property and transfer it to another private owner in order to promote “economic development.” Although the Fifth Amendment indicates that government may only take property for a “public use,” the Court ruled that virtually any potential public benefit qualifies as such, even if the government fails to prove that the supposed benefit will ever materialize.
"I. Gorsuch’s Opposition to Kelo. "Gorsuch’s e-mail endorsed Justice Clarence Thomas’ hard-hitting dissent in the case:
Thomas was livid about the decision.“Today’s decision is simply the latest in a string of our cases construing the Public Use Clause to be a virtual nullity, without the slightest nod to its original meaning,” Thomas fumed.Gorsuch thought the dissent was so powerful that he sent an email to two friends who were former Thomas clerks.
“I am blown away by Thomas’ dissent,” Gorsuch said. . . .
No comments:
Post a Comment