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rulemylife -> RE: Obama Picks A White Man for the Supreme Court! (6/5/2009 10:37:58 AM)
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quote:
ORIGINAL: Sanity
You might want to check your facts on that one... because apparently, you are a Rush Limbaugh Conservative in this regard.
[8D]
Yes, my mistake.
I assumed it was a conservative majority because I had remembered a number of liberal groups had filed briefs on Kelo's behalf.
But I have always disagreed with the decision.
What I don't understand is this from your link:
And in a key property-rights case, Didden v. Village of Port Chester, Judge Sotomayor took part in a brief unsigned order from the Second Circuit in 2006. The order, which followed the Supreme Court’s major property-taking decision in Kelo v. City of New London, supported a town’s effort to seize property for the use of a developer. Richard A. Epstein, a conservative legal scholar at the University of Chicago, wrote in Forbes magazine that “American business should shudder in its boots if Judge Sotomayor takes this attitude to the Supreme Court.”
To begin, she was following precedent, so based on the Supreme Court ruling had the circuit court ruled otherwise it would have likely been overturned.
The second part though, about how "American business should shudder in its boots" is what I find most confusing since both of these rulings benefit business interests.
And as I recall now, the controversy at the time was the Justices opinions in the case were opposite of the way they were expected to rule. Liberals were supporting the rights of business while conservatives were supporting the rights of the underprivileged, as many of these cases condemning property as "blighted" occur in poor neighborhoods (though that wasn't the case in Kelo).
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