SCOTUSblog (Tom Goldstein relaying Marty Lederman’s accounts) reports that the argument generally went badly for the broader-property-rights side — regrettable but not unexpected — but also adds this item:
The moment of the day came in Kelo when the city’s counsel attempted to close by saying, “I want to leave you with just four words,” then his time expired. (Although he did say — using more words, “I see my time has expired so I won’t be able to tell you them.”) Justice Kennedy then asked the plaintiff’s lawyer on rebuttal, “You don’t happen to know what the four words were?” Regrettably, he didn’t.
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