Ben Barros discusses Kelo and Midkiff
Kelo was not a surprise. Kelo easily followed the court’s broad language in Midkiff. Was it any surprise that Midkiff was extended slightly in Kelo, and the broad principle upheld?
Perhaps to Justice O’Connor. For a fascinating account of Justice O’Connor’s eventual decision “eat her words” from Midkiff, see Ben Barros’ discussion.