Yesterday’s Kelo decision will be a subject of discussion for some time. George Will had an excellent analysis in the Washington Post, which you can read here.
What it comes down to, I believe, is this. The majority on the Court believe that “economic development” by government planning works and therefore judges ought to let them do it . They’re flat-out wrong. Far more often than not, government “economic development” winds up wasting resources, while enriching only a few well-connected interests. “The public” does not gain from the construction of new sports stadiums, convention centers, upscale hotels, amusement parks, and so on. Even if the planned New London development is a commercial success, that won’t make life one bit better for the vast majority of residents. But the justices thinking goes no further than the gassy cliches of politicians such as “revitalization.”
By the way, Thomas drove a stake through the heart of the majority opinion, which Stevens chose to ignore, when he observed that the Court doesn’t give “deference” to politicians when they want to violate other constitutional rights. Once again, we see that property rights are second-class citizens in the eyes of the Supreme Court.
