Blind Justices

By Richard A. Epstein - Sunday, July 3, 2005 - Wall Street Journal (Opinionjournal.com)

The scandal of "Kelo v. New London".

Last week's regrettable 5-4 decision in Kelo v. City of New London marks a new low point in the Supreme Court's takings jurisprudence. The Constitution allows private property to be taken for public use only on payment of just compensation. But what counts as public use? In Kelo, Justice John Paul Stevens held that courts, especially federal courts, should be hugely deferential to a government decision, done after comprehensive hearings, to displace one private property owner in favor of a second private party in the name of overall economic development.

We have become a government of the judges, by the judges, for the judges.

The courts are becoming more arrogant and less accountable with every ruling. The power of a lifetime appointment with no reasonable restriction or accountability for their actions leaves these justices arrogant and self righteous. Only mass impeachment of every justice who voted in favor of a ruling like Kelo will return appropriate balance to our system of government.

It is time for our legislature to act.