This is George Will on yesterdays Supreme Court decision
that expands the meaning of eminent domain. The Court has opened wide a gate that should remain shut, or nearly shut. This is an awful decision, as John Moser immediately pointed out (also see the Comments section). No doubt NLT will have more to say about this as time goes on. The only thing I want to note here is only the possible good political effect this case might have, especially given that Bush will the chance to place new people on the Court. Two folks (not academics) stopped me this morning in the market to say how angry they were about this decision. Private property has a very meaningful and concrete meaning for citizens, and they are not amused that one private party can now take the property of another. There are many ways the GOP will be able to use this decision, and placing better people on the Court is only one of them. And they had better take advantage of it. This will have consequences.