Supreme Court

New London, Four Years After Kelo

The 2005 Supreme Court decision on Kelo v. New London was a landmark in eminent domain law, paving the way for Pfizer to develop there. Four years later, Pfizer is pulling up stakes.

November 13, 2009 - The Hartford Courant

Sorting Out Sonia Sotomayor

According to the Washington Post, 62% of Americans think Sonia Sotomayor should be confirmed for the U.S Supreme Court because she is “about right” ideologically. The question is, how good will she be for municipal attorneys?

July 17, 2009 - Dwight Merriam

Supreme Court Nominee's Eminent Domain Experience

Back in 2006, Supreme Court nominee Sonia Sotomayor had a role in a controversial eminent domain ruling. Reason magazine takes a look at the decision and what it might mean for property rights if she's confirmed to the Court.

July 3, 2009 - Reason

Why Kelo is not a blank check

Last week marked the third anniversary of the Supreme Court’s ruling in Kelo v. New London. The first time I read Kelo, I thought what many Americans probably thought: that any government could seize property for any reason, so long as it compensated prior owners. But after having taught Kelo to law students several times over the past few years, I now realize that Kelo is much more complex. Kelo was a 5-4 decision, and Justice Anthony Kennedy wrote a separate concurrence. Because Justice Kennedy was the “swing vote”, his decision predicts future Court decisionmaking more accurately than the Court’s primary opinion, because a taking which fails to satisfy Kennedy might not be able to get five votes in the Supreme Court.

July 4, 2008 - Michael Lewyn

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