Kelo

Ann Althouse has a very reasoned argument on how Kelo and the narrowness of the voting doesn't give developers (among others) quite the green light we've been fearing. I must say that I hope she's right. But I think the nuance may be lost in the shock of the decision and the furor over it, which latter I've been as guilty of arousing as anyone.



I might cite as a counterexample Roe vs. Wade. The cultural shift it gave rise to from just such a narrow decision of the Supreme Court has been profound. (I truly hope we don't have Kelo diehards requiring their own litmus test thirty years down the line. I doubt there's the strength for a determined public resistance on this one.)



Hat tip: Dean Esmay