July 1, 2005

"So this is almost as if God has spoken. It's an elementary discussion now. They have made the decision."

So said Nancy Pelosi about the Supreme Court's decision in Kelo, and everyone's been exclaiming over her statement ever since. Yes, of course, it was an incredibly dumb way to express respect for the Supreme Court's role in saying what the Constitution means.

But, for one thing, Congress can change the outcome in a case that limits constitutional rights by creating statutory rights (assuming it has an enumerated power to rely on and doesn't violate any affirmative constitutional restrictions).

And, for another thing, God doesn't submit a resignation letter.

So now the author of the principal dissent in Kelo has resigned. But the chances are slim that the new appointee will vote on the other side. I expect to hear Kelo mentioned a lot in the debate over the new nominee.


Gerry said...

Two questions--

"I expect to hear Kelo mentioned a lot in the debate over the new nominee."

Is this a bad thing?

Would it assume some sort of feeling that the new nominee would change the outcome of Kelo?

On the latter, I do not think it is a fair assumption.

On the former, I think that these are the kind of debates that are constructive during a confirmation process, rather than silly attempts to say that someone is an extremist because they wrote a dissent in a case on parental notification or some other example that we saw from the recent Circuit Court battles.

Dirty Harry said...

Kelo helps Bush enormously in my opinion.

If I may do a rare pimp of my blog, I've written about it here:


This is gonna be fun.

Brendan said...

Ha! Boxer sounds like some gushy bobbysoxer at a Sinatra concert. So much for Congress being an "equal" branch. After all, you can't compete with the Almighty.

Winston Wade (Gamer) said...


It was Pelosi who said this particular stupid comment, not Boxer. You seem to have mistaken the gushy bobbysoxer of the House for the gushy bobbysoxer of the Senate.

ziemer said...

i think kelo (and the medical marijuana case too) will be very beneficial regarding getting a conservative nominee approved.

people are outraged, not just federalist society folks.

until now, anyone who thought the takings clause should be enforced was demagogued as an enemy of the environment.

anyone who supported limits on the commerce clause power was demagogued as a racist.

we now have two very concrete examples of what happens when courts refuse to limit the power of congress and local governments that everybody can understand.