Skip to comments.Apology Adds An Epilogue To Kelo Case [eminent domain]
Posted on 09/19/2011 7:39:57 AM PDT by Daffynition
If a state Supreme Court judge approaches a journalist at a private dinner and says something newsworthy about an important decision, is the journalist free to publish the statement?
I faced that situation at a dinner honoring the Connecticut Supreme Court at the New Haven Lawn Club on May 11, 2010. That night I had delivered the keynote address on the U.S. Supreme Court's infamous 5-4 decision in Kelo v. New London. Susette Kelo was in the audience and I used the occasion to tell her personal story, as documented in my book "Little Pink House."
(Excerpt) Read more at courant.com ...
The Justice did nothing wrong.
Once the case is final, he can comment on whatever is public. Since the filings are public and the decision is public and the speech was public and the case was irrevocably decided, he can say whatever he wants.
Just another example of what government will do to you, if left unchecked.
Sorry. But I like my version better. ;-)
As I recall, our "conservative" voices paid zero attention as Kelo was being fought. Liberty doesn't sell adjustable beds.
That picture sums up the results of the efforts of the govt in most endeavors.
Whether the Kelo case has led to good statutory law is not a question for me or my court; so long as that law is constitutional, its merits are beyond the scope of our authority.That coupled with the idea that they don't want to hear from the people affected -- just their attorneys -- makes me question their whole raison d'etre. Does he mean that their decisions are arbitrary? Not to be influenced by potential events? Or by the effects on current residents?
I look at it as another instance of Crony Capitalism.
The real estate wrongly (and I maintain illegally) taken from its owners should be restored to them, their legal expenses repaid and all former owners given formal apologies for the pain and suffering they had to endure.
While this had an unhappy ending, I was, briefly involved in the MTOSA case in Long Branch, New Jersey, which had a happy ending. This is the pretty little working class neighborhood on the Jersey Shore that fought off a redevelopment-crazed Mayor and a rapacious developer. They won! Thanks in part to Suzette Kelo, the villianous Supreme Court and some decent people in America who were outraged by this story and fought it tooth and nail.
This is one area that I have found that conservatives, liberals and libertarians can come together. I’ve seen it happen.
Just wanted to put a happy spin on this terrible event in New London.
The cartoon makes it look like Pfizers fault.
I don’t know how liable Pfizer is, but the corporation did not take this woman’s home away. The government did. Washington said, government is a force, like fire. Pfizer could have done nothing to this woman without government abuse.
“Had I known all of what you just told us, I would have voted differently.”
If the justice was impartially interpreting the law I can’t imagine what was in his presentation that would have changed the Justice’s vote.
“they don’t want to hear from the people affected — just their attorneys ...”
This reaks ... if the attorney does watch what they say a judge can push the bar to revoke their law license. Nothing like corruption. Keep the sheeple in their huts, out of sight and inaudible.
Most attorney’s don’t give a sh!t about their client, just their clients money.
Speak for yourself. I was all over Kelo at the time and I read plenty of commentaries about it on conservative blogs.
IMHO the Kelo case was the worst decision since Dred Scott.
Noticed this in an associated article at the bottom:
Brooke Shields To Star In Movie Based On New London Eminent Domain Case
Yes, they are making a lifetime movie! My guess is the evil corporation will be painted as evil as the government, because we all know which way the network leans. However, I remember when this case was decided I took a trip over to DU and they were just so PUZZLED as to why THEIR half of the court voted against this poor woman. Didn’t the left stand for the poor?
They didn’t get it. The left stands for a powerful government control. DU seemed very confused.
"Blogs"! Where was talk radio? Fox News? Gay marriage was the big SCOTUS case for them. Kelo wasn't mentioned by them, or any politicians until after the verdict. Frankly, I think it's because the GOP establishment was all for it.
Yep. just as its tax breaks are set to expire, Pfizer left town. $80 million in taxpayer money up in smoke. No one took the fall for this debacle.
The government took land from the settlers (farmers) to give to the railroad companies in the 1800s. If I remember my history correctly, the government gave the companies miles on either side of the tracks.
The Kelo decision means that government can force you to sell your home so that a private yacht club or golf course can be built. The justification is that more tax revenues can be raised. It was criminal, IMHO.
If I remember my history correctly, the government gave the companies miles on either side of the tracks.””’
The railroads got sections of land, in a checkerboard manner, so that settlers could have places to grow. Settlers could also buy land from the railroad.
Pushing the railroad had a multi-useful ending. People & businesses went west. Cattle were trucked east to larger markets.
Of course, the cattle had to be driven to the railheads from the ranches first, & that is the basis for the TV series “Rawhide”.
Absolutely! They're a wonderful group. They deserve everyone's support.
"Those comments," he wrote, "were predicated on certain facts that we did not know (and could not have known) at the time of our decision and of which I was not fully aware until your talk namely, that the city's development plan had never materialized and, as a result, years later, the land at issue remains barren and wholly undeveloped." He later added that he could not know of those facts "because they were not yet in existence."
This is exactly what was wrong with the Kelo decision.
The Justice says "he could not know of those facts 'because they were not yet in existence.'" I would argue that those weren't "facts," they were speculation, precisely because they hadn't occured yet.
What the justices did with Kelo was take a certainty in the property taxes owed by current property owners and trade it for the speculation of future higher property taxes promised by new property owners, and then call this a "public good" as a subset of "public use," the actual phrase from the Fifth Amendment.
The Justices might as well have rolled the dice and call it Constitutional.
The Palmer comment is like spitting into the wind.
Instead of using a crystal ball, in the case, maybe, just maybe if they followed the Constitution, Kelo and her neighbors wouldn’t have been so screwed.
Sadly, the land was used recently as a dump after tropical storm Irene. Talk about adding insult to injury.
The NLDC is some quasi-public group of developers using funds, loosey-goosey. They, and it’s head the sleezey Michael Joplin, are the ones that should be taking the heat for this travesty.Joplin and the NLDC had the power to undertake acquisitions for redevelopment where the taking agency transfers title to the property taken to a designated developer for redevelopment with a project which benefits the private developer, and indirectly the city, with new tax revenues and construction.
I have my doubts if this movie will give all the facts accurately. Wonder who will play Michael Joplin? .... it would have to be the sleaziest , dirtiest character actor you could cast.
Im not saying that the building of the railroads was a bad thing.
But a corrupt congress took land that had already been settled and gave it to the railroad companies (private enterprises just like Pfizer drugs); railroads that were largely financed by British capitalists. Corrupt congressmen got paid off, and the settlers got shafted. There are letters to congressmen in the Library of Congress voicing the settlers complaints.