No second-guess on Kelo
on Aug 22, 2005 at 3:29 pm
The Supreme Court on Monday refused — as it was expected to do — to reconsider its controversial ruling expanding the power of local governments to seize private property for economic development. The action came as the Justices issued several routine orders while the Court remains in its summer recess. (The case was Kelo v. City of New London, 04-108; the Court divided 5-4 in that decision.).
The Court’s rules make it exceedingly difficult for a party to gain a rehearing of a decided case. Even so, property rights advocates had tried that maneuver as part of an energetic campaign to keep the issue alive and thriving. Efforts are being made in a number of state legislatures and in Congress to curb the use of the power of “eminent domain,” even though the Court had enhanced that authority if local officials opt to use it.
Monday’s list of orders indicated that Justice Sandra Day O’Connor was continuing to participate in the Court’s work over the summer. One of the orders — a denial of rehearing — indicated that she had disqualified herself from that particular action, a sign that she had taken part in all of the other orders. Forty-four cases were denied rehearing, including Kelo.
O’Connor has said she would continue to serve until her successor is qualified. That is expected to occur early in the new Term that opens Oct. 3.
Among Monday’s orders, the Court agreed to allow the Solicitor General to join in arguing for the federal government in 04-698, Schaffer v. Weast, a test of whether parents or public school officials have the burden of proof in a dispute over the educational placement of a disabled child. The case is scheduled for oral argument on Wednesday, Oct. 5.
