Sotomayor Hearings Live Blog 3
Afternoon session starts. Grassley up. Interested in property rights and the Takings clause. Asks about Kelo. Sotomayor responds by saying she thinks property rights are important constitutional questions. Waves the American flag. Says the issue in Kelo was the amount of deference to be granted to state and local government's decision on what constitutes public purpose and use, and could such a determination allow for private development. She segues to a case she decided where she ruled in favor of a property owners procedural rights.
BTW, Kelo was properly decided. Sotomayor answered that Kelo followed existing SCOTUS precedent. Grassley argues Kelo was an "expansion" of the takings power. (Grassley is wrong). Sotomayor ducks the question.
More later.
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