pageok
pageok
pageok
Kelo Homeowners Still There:

The New York Times has an update on the stalled eviction of the Kelo homeowners.

Update:

Tom Blumer has more on the Times story here as well as commentary by the Scott Bullock of the Institute for Justice here.

Justin (mail):
The legislative solution was always correct. What I LOVE about Kelo is how obviously it defeats the idea that "judicial activism" means something other than "results we do not like." It also defeats any even minor presumption that the real problem conservatives have with cases like the JDP case and Lawrence is about process rather than outcome.
11.21.2005 2:22pm
plunge (mail):
Comment deleted as irrelevant to this post.
11.21.2005 2:30pm
Justin (mail):
While Todd (along with Orin) is one of my favorite Conspiracists, I do agree that perhaps an apology would still be appropriate, even if such apology does not absolve Todd's critics of all of their sins.
11.21.2005 2:35pm
Jack Bauer (mail):
They're all my favorites..

It really does not matter if the "activism" or the "activist judge" opponents are on the left or the right. There isn't a coherent left, and there isn't a coherent right. Just read the polls. Mid thirties is the highest national approval political figures (congress, Bush, etc) get these days. Many more than that figure will vote for either side. Since both sides are just shifty coalitions, it makes more sense to consider each policy individually.

This policy is horrible. Taking one private property to give to a private owner is obviously corrupt. I am banal to even point that out.

Justin, reactionary Conservatives and radical liberals are both involved in judical activism, and it's not really that surprising that liberals cry foul a lot more when the Ten Commandments gets posted somewhere and conservatives cry loudly when they can't buy guns by judical decree.

Judicial activism still means a LOT more than whatever I disagree with, but I'm still going to complain mostly about the judical actism I personally disagree with. Judical activism is a problem because it is difficult for voters to remedy. Your reaction: that activism isn't really a problem as it's mere political bickering, is counterproductive and untrue.
11.21.2005 11:06pm
Public_Defender:
Maybe the Kelo majority was right--democracy can work.
11.22.2005 6:40am
b.trotter (mail) (www):
Hehe, that calls to mind something that Chief Justice Roberts said when questioned about his opinion concerning an individual's right to relief under Title IX... I believe it was "if you intended the law to include relief, you should have written it that way."

I still think the Kelo decision was reprehensible, but at least it's good to see that the court of public opinion is capable of protecting rights every now and again...
11.22.2005 8:02am
Public_Defender:
I love the Heritage Policy blog's response to the NYT article:
It's great proof that rule by judges (or justices, in this case) is not inevitable. As Andrew Jackson [is reputed to have] said, "John Marshall has made his decision, now let him enforce it!"
No serious person would argue that Kelo is an example of "rule by judges." It's just the opposite. Kelo critics claim the court should have stopped a democratically chosen process (I disagree with those arguments, but they are well within the bounds of serious argument).

The Andrew Jackson quote is equally silly. Would Andrew Jackson have said, "I made my decision, now let John Marshall enforce it?"
11.22.2005 8:34am