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Re: Group proposes to build hotel on Justice Souter's house property
Fri, July 1, 2005 - 10:35 AMI find this awesome, and I am not really a libertarian.
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Re: Group proposes to build hotel on Justice Souter's house property
Sat, July 2, 2005 - 6:50 PMYeah, this is pretty cool. Didn't I also see Souter's name on the unanimous Grokster decision? If there were a way to make sure he never benefits from P2P, I'd be in on that as well. -
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Re: Group proposes to build hotel on Justice Souter's house property
Tue, July 5, 2005 - 11:06 AMPicking on Souter, who didn't write the decision, is perhaps off base. But this was 5-4, not some strong majority, and a seriously questionable decision. O'Connor's dissent is worth reading, presuming you have not looked at it.
a257.g.akamaitech.net/7/257/2...-108.pdf
Her dissent starts on page 27. The town delegated eminent domain to a private corporation. "For who among us can say she already makes most productive or attractive possible use of her property?" That's the sentence before the oft-quoted in news line about replacing "any Motel 6 with a Ritz-Carlton" (about 9 pages in).
Justice Thomas' dissent is not as well written (it follows O'Connor's), but provides many more references to support remanding this case. Eg: "Tellingly the phrase 'public use' contrasts with the very different phrase 'general Welfare' used elsewhere in the Constitution."
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