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Sunday, June 26, 2005
Legislative fix?
Kelo | Posted by Nicole Garnett at 08:57 AM
David is right to chide me for suggesting that the members of the New London City Council are not "real people." His sentiment is echoed in Michael Kinsley's suggestion that ruling for the property owners would be "judicial activism." I'm going to leave to one side arguments about why -- as Ilya noted in an earlier post -- the Court selectively champions democratic outcomes. I imagine that subject may come up tomorrow, in the context of the 10 Commandments case -- and in the weeks to come if there is a retirement on the Court.
On the subject of democracy, however, I just received an email from Julia Mahoney at UVA who reports:
"Here in Virginia, the response to the decision has been fast and furious: within a day and a half, several state legislators vowed to introduce legislation restricting the eminent domain powers of localities."
This was really interesting to me: During an interview for the Elkhart, Indiana public radio station Friday, I learned that Indiana has convened an "Eminent Domain Study Commission."
I wonder how common this response will be, and what such a commission might recommend?
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