Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Thursday, June 23, 2005

Kelo: Everybody Take a Deep Breath

Why everybody is so aghast at this decision is beyond me. Certainly, I imagine, nobody was expecting Mrs. Kelo to actually win. In fact, I was flabbergasted to discover she'd got four votes in dissent. (I was anticipating a solo dissent from Thomas, or maybe Thomas and Scalia.) Yes, it's a terrible decision, but, like Raich, it's terrible because the whole line of doctrine is terrible, not because Anthony Kennedy was suddenly struck with some abiding passion for the Pfizer Corporation. (I basically agree with Jonathan Adler here.) So argue against the decision, fine, but don't hyperventilate about how this is some terrifying new low for the Court.