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Friday, July 22, 2005

Justice Roberts and containing Kelo

I haven't studied Judge Roberts' opinions -- I've only picked up, secondhand at best, the idea that he may believe in paying some attention to what the Commerce Clause was meant to mean. Which doesn't bear directly on the Kelo decision and eminent domain -- but to me it suggests that if he is confirmed, and some case comes up which offers the opportunity to confine Kelo to relative irrelevancy, he may come through. Here's hoping.

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