Posted by Ilya Somin:
My Detroit Free Press op ed on Sotomayor and Didden:
http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247849709
The Detroit Free Press recently [1]published my op ed on Sotomayor and
the Didden case:
It�s not easy for a judge to undermine property rights further than
the Supreme Court did in 2005 in Kelo v. City of New London. But
Judge Sonia Sotomayor, now herself up for the Court, succeeded. In
the 2006 case of Didden v. Village of Port Chester she signed on to
perhaps the worst federal court property rights decision in recent
memory. In Kelo the Court held that the government can condemn a
person�s property and transfer it to someone else in order to
promote economic development. In Didden, Judge Sotomayor�s panel
went further, upholding the government�s condemnation of property
after the owners refused to pay extortion money to a politically
influential private developer.
This op ed is actually largely the same one as [2]that published in
the Orange County Register on Saturday. However, unlike the Register,
the Free Press did not cut the parts responding to the main arguments
advanced by Didden's defenders.
References
1.
http://www.freep.com/article/20090716/OPINION05/90716072/1231/opinion/Eroding-constitutional-limits-on-governmental-takings
2. http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247517811
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