"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.