While the SCOTUS is fixing that problem they can clean up that mess they make with the Kelo ruling too.
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O'Conner and Rhenquist both opposed Kelo. Assuming that Roberts and Alito are on the same side of this issue they were and no other USSC justice changes sides (both excellent assumptions) Kelo stands. Sorry. We need to get rid of at least one lib to overturn Kelo.
Yes, there are more than a few things to clean up if we ever get the court back from the liberal inventors of new rules. The mess goes all the way back to Oliver Wendell Holmes, IMHO. He was the one who came up with the idea that the law means whatever those in power think it should mean.