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Originally posted by Mmmm, Burger (C.J.)
Those one-justice concurrences may provide succor to some, but in the long run they tend to matter less and less, and one side wins out.
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Maybe so, but here Kennedy was the deciding vote.
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The majority rule issue certainly does. As I made the point weeks ago, and again today, ensuring a public use places real limits on what can be taken, because it actually requires payment by the government and, thus, the citizens. If the government simply becomes a broker to facilitate (i.e., coerce) trades between the less fortunate and the ravenous developer, there are no limits to what could happen. And as long as a majority of people are confident their property won't be taken in that way, it can continue.
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I agree that if Kennedy's vision of meaningful review and the specific facts limiting the Court's holding are ignored, the decision becomes much broader. And if you sell a Camaro without any brakes, it's much more dangerous.
