Comments on: Transcipts of Arguments in Takings Cases http://www.scotusblog.com/wp/transcipts-of-arguments-in-takings-cases/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: pmt http://www.scotusblog.com/wp/transcipts-of-arguments-in-takings-cases/comment-page-1/#comment-6381 pmt Tue, 19 Apr 2005 21:19:19 +0000 http://www.scotusblog.com/wp/uncategorized/transcipts-of-arguments-in-takings-cases/#comment-6381 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. 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.

]]> By: JMOORE http://www.scotusblog.com/wp/transcipts-of-arguments-in-takings-cases/comment-page-1/#comment-6380 JMOORE Tue, 15 Mar 2005 01:00:14 +0000 http://www.scotusblog.com/wp/uncategorized/transcipts-of-arguments-in-takings-cases/#comment-6380 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. 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.

]]> By: JurisPundit http://www.scotusblog.com/wp/transcipts-of-arguments-in-takings-cases/comment-page-1/#comment-6382 JurisPundit Mon, 14 Mar 2005 16:18:52 +0000 http://www.scotusblog.com/wp/uncategorized/transcipts-of-arguments-in-takings-cases/#comment-6382 <strong>Kelo Arguments</strong> Now we can see if all the pessimism was warranted... Kelo Arguments

Now we can see if all the pessimism was warranted…

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