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Examples
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The deferrence SCOTUS showed to the legislative branch in Kelo demonstrates that even in a constitutional republic with well established separation of powers the protections of the right of property can weaken when the courts think more along the lines of “democracy” rather than “republic” as those concepts are laid out in Fed 10.
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I'm sure a supporter of the Griswold v. CT decision, from which Justice Douglas 'famous penumbras emanated, would argue that the "original activism" was the CT legislature passing a law banning use of contraceptives -- just as you argue the "original activism" in Kelo was the City of New London's use of eminent domain.
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Kelo is morally offensive because it allows Paul to take the roof from over Peter's head.
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Professor Nagel endorses the judicial restraint exercised by the Court in Kelo v. City of New London on the ground that political action in 42 states allegedly weakened the power to take property for economic development.
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Whelan used a very similar term to criticize the majority in Kelo in his “This Day in Judicial Activism” series.
The Volokh Conspiracy » “Judicial Activism” — The Podcast 2010
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As with the property in Kelo, the development may not even go forward because of financing.
But At Least You Keep It If You Keep Making the Payments « View From a Height 2009
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In his concurring opinion in Kelo, Justice Kennedy said that though he could imagine abuses, courts should approach these cases "with the presumption that the government's actions were reasonable."
The Litigious Legacy of Kelo William McGurn 2010
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Kelo is one of the most significant milestones our history
Pfizer not going to need those New London homes seized, after all. - Moe_Lane’s blog - RedState 2009
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I think the connection between the confiscated property and the use/benefit needs to be more direct/proximate — in Kelo, the property taken was to be the site of the new development, correct?
The Volokh Conspiracy » What Will Courts Do with the Individual Mandate? 2010
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Judging by how gay marriage fares in most popular votes I'd probably be happy with how a state-wide referendum on that issue would turn out, I voted yes on 933, and I think Kelo is one of the worst Supreme Court decisions in my lifetime.
Sound Politics: Eliminating accountability ... for the children! 2007
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