Transcipts of Arguments in Takings Cases

Monday, March 14th, 2005 7:34 am | Marty Lederman | Print This Post

Here are the transcripts of the February 22d oral arguments in Kelo and Lingle, which I summarized here and here.

Transcripts of all of this Term’s arguments through March 1st can be found here. And the transcripts of the March 2d arguments in the Ten Commandments cases can be found here and here.



3 Comments »



  1. Kelo Arguments

    Now we can see if all the pessimism was warranted…

    Comment by JurisPundit — March 14, 2005 @ 12:18 pm

  2. After reviewing the transcript I’m not so certain ALL the pessimism was warranted. The threshold question of whether property can be taken for private use is certainly going to produce a majority in the affirmative. However, there is clearly a coalition in support of limiting that power. This could possibly include the usual suspects (Scalia, Thomas, and Rehnquist) along with O’Conner and maybe even Breyer who indicated a desire to limit gov’t power. Furthermore, Kennedy and Souter support some variation of a “reasonableness test,” with Souter relying more on a “good faith” requirement. Ginsburg was the only justice who continually expressed avidity for carte blanch gov’t power. For more follow the link on my name.

    Comment by JMOORE — March 14, 2005 @ 9:00 pm

  3. Do we know if Justices Rehnquist & Stevens will be participating in the decision in Kelo given their absence from the oral arguments?

    TG responds: they will participate.

    Comment by pmt — April 19, 2005 @ 5:19 pm

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