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.

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