« Regulation, Public Use, and Just Compensation | Main | Larry Tribe on Justice O'Connor in Midkiff and in Kelo »
Sunday, June 26, 2005
Barron and Kinsley on Kelo
Kelo | Posted by Marty Lederman at 08:08 AM
David Barron has this Op/Ed today in the Hartford Courant. "The Supreme Court concluded it would follow the wise counsel of previous courts, and defer to the economic policy choices of the people's representatives. But if the court showed admirable deference in refusing to second-guess the city, it also rightly backed away from statements in some earlier opinions that sounded almost like abdication. . . . Important as [its] caveats are, though, Kelo's real significance lies in its broad view of local planning power."
And here's Michael Kinsley's syndicated column. Although his principal theme is that in Raich and Kelo "the danger of conservative judicial activism has been averted for another year," he is fairly contemptuous of the Kelo reasoning: "The court ruled, 5 to 4, that yuppification is a valid public purpose. Or at least it was reasonable for the city to promote yuppification. Who wouldn't like a few more Starbuckses in town? The four dissenters (O'Connor, Scalia, Thomas and the Chief) said: If this is a "public purpose," what in the world is not? One answer is that the town's elected officials thought that the project served a public purpose and that the various subsidies and favors were worth the price. But they may or may not have thought this. When the local government showers a big development with money and favors, it's usually not about sovereignty but about lack of sovereignty. Private developers play jurisdictions off against one another, extracting concessions from all that none would actually make a sovereign decision to give. A Supreme Court decision that concessions of this sort were unconstitutional would have taken them off the table and actually increased the effective sovereignty of elected officials."
Does anyone agree with Kinsley that this is a blow to local sovereignty and that elected officials would have breathed a sigh of relief if the Court had reversed?
Trackback Pings
TrackBack URL for this entry:
http://www.scotusblog.com/movabletype/mt-tb.cgi/558
Listed below are links to weblogs that reference Barron and Kinsley on Kelo:
» texas holdem shirts from texas holdem shirts
You are invited to take a look at some relevant pages in the field of texas holdem poker chip sets [Read More]
Tracked on July 7, 2005 04:37 PM
» pacific poker from pacific poker
Take your time to check the pages in the field of poker empire poker [Read More]
Tracked on July 9, 2005 03:02 AM
» texas holdem from texas holdem
In your free time, take a look at some relevant information on texas holdem party poker [Read More]
Tracked on July 9, 2005 11:21 AM
» free slots from free slots
You may find it interesting to visit some relevant information on free slots online casinos [Read More]
Tracked on July 9, 2005 08:33 PM
» casino from casino
You may find it interesting to take a look at some relevant pages dedicated to free slots online casinos [Read More]
Tracked on July 10, 2005 05:57 AM
» refinance home mortgage from refinance home mortgage
Take your time to visit some relevant information in the field of debt help personal loan [Read More]
Tracked on July 10, 2005 09:25 PM
» discount phentermine from discount phentermine
In your free time, check out the sites in the field of online prescription lisinopril [Read More]
Tracked on July 11, 2005 08:28 AM
» online poker from online poker
Please take a look at some relevant information in the field of online poker texas holdem online poker [Read More]
Tracked on July 11, 2005 06:23 PM
» online casino from online casino
Take your time to visit some information dedicated to online casino online casino [Read More]
Tracked on July 12, 2005 02:30 AM
» pacific poker from pacific poker
You can also check out some helpful info on poker poker games texas hold em [Read More]
Tracked on July 14, 2005 07:06 AM
» pacific poker from pacific poker
You can also check out some helpful info on poker poker games texas hold em [Read More]
Tracked on July 14, 2005 07:06 AM
» online gambling from online gambling
In your free time, take a look at some relevant pages about online gambling [Read More]
Tracked on July 15, 2005 12:57 AM
» blackjack rules from blackjack rules
In your free time, check some relevant information dedicated to online casino slot machines [Read More]
Tracked on July 16, 2005 10:47 AM
» roulette games from roulette games
You can also take a look at some relevant pages dedicated to online casino casino games [Read More]
Tracked on July 16, 2005 07:53 PM
» online casino gambling from online casino gambling
You are invited to check out some relevant pages on online casinos roulette [Read More]
Tracked on July 17, 2005 03:35 PM
» 11 5g Texas Holdem Chip Poker Set from 11 5g Texas Holdem Chip Poker Set
You can also check out some relevant pages on on line texas holdem poker [Read More]
Tracked on July 18, 2005 03:03 PM
» online roulette from online roulette
In your free time, visit some helpful info dedicated to casino on net craps [Read More]
Tracked on July 19, 2005 01:55 AM
» casino blackjack rule from casino blackjack rule
You can also check the pages about las vegas casinos treasure island casino [Read More]
Tracked on July 19, 2005 11:33 AM
» mortgage net branches oppurtinities from mortgage net branches oppurtinities
You can also take a look at some information about mortgage calculator free credit reports [Read More]
Tracked on July 21, 2005 10:50 AM
» free offline texas holdem poker software from free offline texas holdem poker software
You can also check some helpful info about free texas Holdem odds calculator [Read More]
Tracked on July 22, 2005 02:27 AM
» birth control pills from birth control pills
Take your time to check out some relevant pages dedicated to allegra ambien bextra [Read More]
Tracked on July 22, 2005 11:17 PM
» 888 poker download from 888 poker download
You can also take a look at the pages dedicated to pacific poker rules [Read More]
Tracked on July 23, 2005 05:23 AM
» online casino from online casino
You can also visit some helpful info on blackjack free slots [Read More]
Tracked on July 24, 2005 03:03 AM
» pocket size texas holdem from pocket size texas holdem
You are invited to take a look at some information on online texas holdem poker shirt [Read More]
Tracked on July 25, 2005 07:43 AM
» texas hold em online from texas hold em online
Take your time to visit some information in the field of free texas hold em poker longest poker game [Read More]
Tracked on July 25, 2005 05:31 PM
» party pocker holdem software from party pocker holdem software
You may find it interesting to visit the sites dedicated to poker sets poker pictures [Read More]
Tracked on July 26, 2005 03:24 AM
» texas hold em strategy from texas hold em strategy
Please check some information dedicated to free poker game poker hand [Read More]
Tracked on July 27, 2005 05:22 AM
» discount drugs from discount drugs
Please visit some relevant pages about weight loss pill bextra [Read More]
Tracked on July 28, 2005 08:21 AM
» payday advance from payday advance
You may find it interesting to check some relevant information in the field of loans refinance [Read More]
Tracked on July 29, 2005 09:50 PM
» cell phone games texas hold from cell phone games texas hold
In your free time, check some helpful info about pai gow poker rebel poker [Read More]
Tracked on July 30, 2005 08:07 AM
» shemale from
blowjobs tranny blowjob tranny shemale tiffany teen milf hunter ... [Read More]
Tracked on July 31, 2005 03:01 PM
» pacific poker from pacific poker
You may find it interesting to check out the pages dedicated to pacific poker texas hold em [Read More]
Tracked on August 2, 2005 06:58 AM
» weight loss diet pills from weight loss diet pills
In your free time, take a look at some relevant information on prescription diet pills that work best [Read More]
Tracked on August 4, 2005 02:28 AM
» play slot from play slot
play slot [Read More]
Tracked on August 4, 2005 11:33 AM
» boeing airplane from boeing airplane
boeing airplane [Read More]
Tracked on August 7, 2005 03:25 AM
» online poker from online poker
You are invited to take a look at some relevant information about poker rooms online poker [Read More]
Tracked on August 9, 2005 09:20 AM
» texas holdem from texas holdem
You are invited to check some helpful info on empire poker texas holdem poker rules [Read More]
Tracked on August 9, 2005 03:40 PM
» party poker from party poker
You are invited to check out some information in the field of poker games poker rules [Read More]
Tracked on August 10, 2005 01:58 PM
» party poker from party poker
You are invited to check some helpful info in the field of pacific poker texas holdem [Read More]
Tracked on August 11, 2005 09:41 AM
» mortgage from mortgage
You are invited to check the sites in the field of loans payday loans credit card application [Read More]
Tracked on August 14, 2005 09:20 AM
» Online Poker from Online Poker
I have found the best Online Poker site. [Read More]
Tracked on August 14, 2005 02:42 PM
» reload bonus party poker from reload bonus party poker
In your free time, check out the pages on draw party poker betting chart [Read More]
Tracked on August 14, 2005 07:37 PM
» online poker from online poker
You may find it interesting to visit some relevant pages about poker games texas hold em [Read More]
Tracked on August 17, 2005 04:24 PM
» poker rooms from poker rooms
You may find it interesting to check out the pages on texas holdem poker poker games [Read More]
Tracked on August 22, 2005 08:45 AM
» free poker from free poker
Take your time to visit the pages dedicated to texas hold em empire poker poker rules [Read More]
Tracked on August 24, 2005 10:47 PM
» pussy torture from
lesbian rape pussy torture rape fantasy rape me rape pics rape porn [Read More]
Tracked on August 25, 2005 06:54 PM
» tickle torture from
lesbian rape domestic violence domestic violence brutal dildo brutal dildo free rape stories [Read More]
Tracked on August 25, 2005 06:54 PM
» online poker strategy from online poker strategy
Take your time to check some relevant pages on free online hearts solitaire poker slingo games [Read More]
Tracked on August 25, 2005 09:37 PM
» bankruptcy from bankruptcy
bankruptcy faqs
bankruptcy corporate
after bankruptcy buying h... [Read More]
Tracked on August 26, 2005 12:06 AM
» bankruptcy from bankruptcy
bankruptcy faqs
bankruptcy corporate
after bankruptcy buying h... [Read More]
Tracked on August 26, 2005 12:06 AM
» bankruptcy from bankruptcy
bankruptcy faqs
bankruptcy corporate
after bankruptcy buying h... [Read More]
Tracked on August 26, 2005 12:18 AM
» bankruptcy from bankruptcy
bankruptcy faqs
bankruptcy corporate
after bankruptcy buying h... [Read More]
Tracked on August 26, 2005 12:18 AM
» free online poker cheats from free online poker cheats
Take your time to visit the sites on free gambling online poker [Read More]
Tracked on August 27, 2005 09:10 PM
» Poker Directory texas holdem from Poker Directory texas holdem
Take your time to check some relevant pages about texas holdem blinds [Read More]
Tracked on August 29, 2005 04:12 PM
» poker hold em online from poker hold em online
In your free time, visit some information in the field of poker online [Read More]
Tracked on August 31, 2005 12:54 PM
» diet pill mexico from diet pill mexico
Please check out some relevant pages dedicated to diet pill from canada [Read More]
Tracked on September 2, 2005 03:26 PM
» mike in brazil from mike in brazil
Interesting.... nice [Read More]
Tracked on September 2, 2005 06:17 PM
» link poker stud submit from link poker stud submit
In your free time, check out the pages in the field of deuces free poker video wild [Read More]
Tracked on September 3, 2005 11:48 AM
» Female viagra from Generic viagra 100mg
Mom son free movie clip Daughter fucking her teacher Free young lesbian sister pics Mothersonmasturbation [Read More]
Tracked on September 4, 2005 01:14 PM
» Mature vs horse from Lesbian mom vs wife story
Gayincestsexstories Dad fucking daughter friend movie Incest free hardcore dad daughter grandfather Free sheet musicfami... [Read More]
Tracked on September 5, 2005 08:34 AM
» Nude little girl images from Free mivies download
Mon son mpegs Free father raping incest story Mom son sex with mom Sex teens sister [Read More]
Tracked on September 5, 2005 10:35 AM
» Free previews of horse sex from Beastiality boy clip
Dadgirl fuck Old mom young son Videos of girls getting raped by lesbians Free porno rape trailers [Read More]
Tracked on September 6, 2005 01:02 AM
» Gangbang milf previews from Japanese girl adult movie free preview
Download hentai clips Nude toon films Cialis vs viagra viagra purchase uk pfizer viagra Canada online pharmacy viagra [Read More]
Tracked on September 6, 2005 05:39 AM
» Australia rape teen from Swallow rape
Free mature sex son Mom mother son porno movies Cartoonsrape Download free cartoons movies [Read More]
Tracked on September 6, 2005 10:23 PM
» Free movie sex hindi from Free gay sons
Trailer animal porn Comics download iraq Sex girl japan pictures Thai gay movie sex [Read More]
Tracked on September 6, 2005 11:57 PM
» Casino Gaming from Casino Gaming
That is really cool [Read More]
Tracked on September 7, 2005 11:41 AM
» Milf from Milf
The most important thing [Read More]
Tracked on September 8, 2005 05:30 AM
» poker party deposit bonus codes from poker party deposit bonus codes
In your free time, check some relevant pages in the field of signup bonus code partypoker [Read More]
Tracked on September 12, 2005 04:06 PM
» world series of poker chip set from world series of poker chip set
Please take a look at the pages in the field of free money online play poker [Read More]
Tracked on September 14, 2005 02:13 PM
» beastiality from
dog dick in pussy beastiality animalsex bestiality [Read More]
Tracked on September 15, 2005 01:39 PM
» Long movie sexe manga from Hentai vidsfree
English incest Free download father son incest xxx pics & stories Teenage beastality Horse sex clips movie [Read More]
Tracked on September 16, 2005 07:28 PM
» Little girls video clip free from Horse porno video free download
Video of a woman sucking a horse cock Animal and girl sex galleries Sex animal to animal Men rapeing animals [Read More]
Tracked on September 17, 2005 01:14 AM
» Grandfather teen sex from Gratis incest porno trailers
Mom loving pussy Boys fuckıng mature Download free full length incest videos Boy sex with mother [Read More]
Tracked on September 17, 2005 03:55 AM
» Buy xxx animal movies from Horse fucks blonde free
Mom son mpg free Family incest previews Buy adult movies beastiality Free teen girls fucking dogs [Read More]
Tracked on September 17, 2005 11:29 PM
» information poker online from information poker online
In your free time, visit some relevant pages on Online Poker Hacks [Read More]
Tracked on September 30, 2005 05:59 AM
» ricetta clone birra from ricetta clone birra
ricetta clone birra [Read More]
Tracked on November 28, 2006 08:59 AM
» fleet car carrier from fleet car carrier
[Read More]
Tracked on December 5, 2006 02:54 AM
» discount bath accessory from discount bath accessory
[Read More]
Tracked on December 5, 2006 02:54 AM
» incest father daughter from incest father daughter
incest father daughter [Read More]
Tracked on December 19, 2006 02:41 AM
» Incest Cartoons from Incest Cartoons
Incest Cartoons [Read More]
Tracked on February 20, 2007 05:18 AM
» rape movies from rape movies
rape movies [Read More]
Tracked on February 28, 2007 10:35 AM
» young teen rape from young teen rape
young teen rape [Read More]
Tracked on March 8, 2007 06:57 PM
» brother sister incest pics from brother sister incest pics
brother sister incest pics [Read More]
Tracked on March 17, 2007 04:00 AM
» rape lesbian from rape lesbian
rape lesbian [Read More]
Tracked on March 19, 2007 12:30 AM
» rape porn from rape porn
rape porn [Read More]
Tracked on March 24, 2007 01:00 PM
» rape pictures from rape pictures
rape pictures [Read More]
Tracked on March 26, 2007 02:25 AM
» rape sex from rape sex
rape sex [Read More]
Tracked on March 26, 2007 12:22 PM
» incest from incest
incest [Read More]
Tracked on March 28, 2007 08:52 AM
» antenne eigenbau wlan from antenne eigenbau wlan
antenne eigenbau wlan [Read More]
Tracked on April 2, 2007 12:56 PM
» italy flag from italy flag
italy flag [Read More]
Tracked on April 5, 2007 04:49 AM
» graduation hats from graduation hats
graduation hats [Read More]
Tracked on April 5, 2007 08:39 AM
» Incest porn from Incest porn
Incest porn [Read More]
Tracked on April 12, 2007 06:37 AM
» Incest Porn from Incest Porn
Incest Porn [Read More]
Tracked on April 20, 2007 10:48 PM
» Incest movies from Incest movies
Incest movies [Read More]
Tracked on May 6, 2007 06:10 PM
» Rape videos from Rape videos
Rape videos [Read More]
Tracked on May 9, 2007 10:43 PM
» climbing equipment from climbing equipment
shit-happens 3384685 climbing equipment info and more [Read More]
Tracked on June 18, 2007 10:19 PM
» cycling apparel from cycling apparel
shit-happens 3384685 Fresh information about cycling apparel. [Read More]
Tracked on June 25, 2007 08:19 AM
Comments
A Supreme Court decision that concessions of this sort were unconstitutional would have taken them off the table and actually increased the effective sovereignty of elected officials."
Does anyone agree with Kinsley that this is a blow to local sovereignty and that elected officials would have breathed a sigh of relief if the Court had reversed?
Reminds me of Rex Lee talking about "property owner" only voting rights and how, just before he went in to argue that position before the Supreme Court, his clients told him "don't take this wrong, but we hope you lose." They all went out and had a party when they lost -- expanding the voters for those elections made them easier for governments to win.
I don't doubt this one either. Remember, in every move proposal there is a winner and a loser and often all you are seeing is the parties being played off against each other for a decision that had already been made (cf. Boeing Aircraft's move to a city with a large lake nearby -- and a CEO who admitted, after the search, that he was only going to move to someplace he could sail. Had the perks been illegal the move would have still happened, but Chicago would have paid a great deal less for it).
Posted by: Stephen M (Ethesis) at June 26, 2005 03:32 PM
You asked if anyone agrees with Kinsley. Well, clearly Barron doesn't:
What Barron sees as a defense of "local planning power" Kinsley sees as the so-called power of cities to get played off against one another and, therefore, to concede most of certain "gains from trade" to developers. (I use scare quotes although I strongly believe that the concept applies... even though this is not a traditional market transaction.)
I kind of agree with Kinsley. I think that localities would prefer to have federal courts helping them get more out of the bargain with developers (tax revenues etc.). But I doubt that this was what the dissenters had in mind. And I know too little about the facts in Kelo to know if the opinion Kinsley desires could have been well written based on them.
Posted by: Bill Korner at June 26, 2005 04:33 PM