In 1999, the village of Port Chester, N.Y., established a “redevelopment area†and gave its designated developer, Gregg Wasser, a virtual blank check to condemn property within it. In 2003, property owners Bart Didden and Dominick Bologna approached Wasser for permission to build a CVS pharmacy on land they own inside the zone. His response: Either pay me $800,000 or give me a 50% partnership interest in the CVS project. Wasser threatened to have the local government condemn the land if his demands weren’t met. When the owners refused to oblige, their property was condemned the next day.
Didden and Bologna challenged the condemnation in federal court, on the grounds that it was not for a “public use,†as the Fifth Amendment requires. Their view, quite simply, was that out-and-out extortion does not qualify as a public use.
But a Second Circuit panel, which included Sotomayor, upheld the taking.
According to Volokh and Epstein, the panel’s ruling was largely based on procedural considerations. And the court was bound to follow the Kelo ruling, which defined the term “public use†very broadly.
That said, writes Somin:
[T]he majority opinion [in Kelo] by Justice John Paul Stevens also emphasized that “the mere pretext of a public purpose, when its actual purpose was to bestow a private benefit,†was not enough to count as a “public use.†It is difficult to imagine a more clearly pretextual taking than this one, since Didden and Bologna’s property would not have been condemned if it weren’t for their refusal to pay Wasser the money he sought to extort from them. . . . Sotomayor’s endorsement of this ruling is a strong sign that she has little or interest in protecting constitutional property rights. Her appointment is likely to exacerbate the second-class status of property rights in the Court’s jurisprudence.
Another difference, of course, is that in that case the landowner was also remunerated. In this case, Chrysler was in bankruptcy and was therefore entitled to abrogate contracts, but the question arises: are the affected dealers likewise entitled to understand how those decisions were made, particularly when they seem spectacularly to have benefitted some major democratic donating auto groups?
In other words, I think it might be a very canny idea for one of the Senators questioning her to tie the two questions together, because then, presumably, the MSM will have to respond on background, since they seem content blithely to ignore Dealergate.
Speaking of statistics, Willaim Jacobson debunks a statistical approach to considering Sotomayor’s decisions.
Ace agrees that Mack McLarty is a lucky guy: release the formula! Also, Wise Latina Superiority not an unscripted remark.
UPDATE: Dear happyfeet: Please tell us what you really think.
That’s cause the media is fascists, Dan. Contemptible piece of shit fascists. Take they gayest fascist of them all in the media which is the one named Mr. Immelt. Mr. Immelt is a big supreme faggot. Yes. It’s true. This diseased ceo whore is on our dirty socialist piece of shit president’s economic advisory board. He whores himself and his faggot company out to pimp the global warming scam on the American people on his own network in the guise of objectivity, knowing our dirty socialist piece of shit president will reward his pansy loser company with corporate welfare. He is a sick sick cunt of a man who is actively using his company’s media assets to shape a dirty socialist message. Jeffrey Immelt, rancid piece of shit in obeisant service to dirty socialism. This is our media, Dan.
Jules Crittenden on teh hypocrisy:
It’s a little troubling, though, that someone who sits in judgment on others, sometimes about racial matters, making remarks about race and judgment, with power over liberty, property and even life, should be held to a lesser standard than, say, editorial cartoonists, radio talk show hosts, sportscaster, comedians and even rank pol have been. Not just in some dark racist past like the 1970s or 80s, or even the racist hell that was 2001, but as recently as this year.
He links here, so I’m glad he’s not mad about my snarking on the Frumious.
That Port Chester case makes Kelo seem like good law. RJL and Lithia are still giggling.
That’s cause the media is fascists, Dan. Contemptible piece of shit fascists. Take they gayest fascist of them all in the media which is the one named Mr. Immelt. Mr. Immelt is a big supreme faggot. Yes. It’s true. This diseased ceo whore is on our dirty socialist piece of shit president’s economic advisory board. He whores himself and his faggot company out to pimp the global warming scam on the American people on his own network in the guise of objectivity, knowing our dirty socialist piece of shit president will reward his pansy loser company with corporate welfare. He is a sick sick cunt of a man who is actively using his company’s media assets to shape a dirty socialist message. Jeffrey Immelt, rancid piece of shit in obeisant service to dirty socialism. This is our media, Dan.
oh. that should have been *the* gayest of them all is what I meant. This will definitely play into my decision not to run out like a good little sheep this weekend and see Land of the Lost to where I give this dirty socialist enterprise my monies for to better propagandize me with
Why not? Will Ferrell is one of the great political thinkers of our time!
But the burning question is..?
Were happyfeet’s remarks unscripted..?
Whatever, I agreee with them wholeheartedly. That Immelt P.O.S. has been transparent about his propagandizing for G.E.’s benefit for sometime, with the who “Go Green” and what-not…
He has virtually staked their entire future on the government strong-arming everyone to accept the green mandate, and hence, buy up all of the green-friendly products they’re making. And through his propagandizing, he’s secured himself a seat at the table in the economic star-chamber and hopes that he can be part of them pushing it through…
I hope that people wise up in time and reject out of hand that whole phony, AGW motivated, pretentious “go green!” campaign. While I believe that it is a good thing to protect the environment, I don’t believe that AGW is real, nor that we should alone take such drastic measures at the expense of our economy and overall productivity…
Especially when it seem like many of the AGW kool-aid drinking Europeans are finally starting to wise up…
Oh and, Former G.E. CEO Jack Welch is too classy to name names and such, but he believes that Immelt is ruining GE, and that the O!ne is ruining our economy. And I believe taht not even the mighty thor would dare question Welch’s economic and business acumen…
I want Immelt to fail! I want GE to fail! I want O! to fail; so that America can prosper once again…
Happyfeet and Bob Reed. Always kind of beating around the bush–equivocating as it were.
Welch put Immelt in place so it’s no damn wonder he’s not naming names.
yeah…
Some today might say that we lack…nuance!…
I generally prefer to call a spade a spade, except of course when it comes to O!…
Because, well, you know…
I know, I know…I’m a racist hatey hater and I denounce myself…
Corporate CEO’s should realize that the idea of throwing others to the alligator to assuage it’s hunger doesn’t work out well. Becoming “partners” with a rapacious, power addicted
leaderruler only makes them a fatter target once the smaller fish have whetted said ruler’s appetite.At some point in any relationship with a sociopath they will make a demand which you can’t meet. That is when the true personality comes to the fore and it will attack unrelentingly until it’s desires are met. Kill, be killed, or become a slave is the end always.
Immelt and the others will be treated the same as the fictional Von Essenbeck clan.
More beating around the bush.
Dealergate?
Has there ever been a more pathetic attempt to manufacture a “scandal” before?
That “gate” is attached to “dealer” with just one ratty piece of used chewing gum at best.
Odds that the respectable media will start using the term?
Poor at best.
Odds that the MSM will even look at this – pretty slim. But you knew that, since they are in Barcky’s pocket.
Dan – How many names has this douchebag posted under?
You can’t make this stuff up. Linking Sotomayor with the non-existent dealergate is too funny to even contemplate, with a little La Raza demonizing thrown in for good measure.
I’m going to so enjoy eating my popcorn while:
1. You gnash your teeth at the inability of the dealergate story to go anywhere.
2. Sotomayor likely gets confirmed.
3. The Republican party all but tells every Hispanic in America, “Fuck you!”
Delicious
Earlier we were linked to a different tale of Didden, at the notoriously untrustworthy forbes:
http://www.forbes.com/2009/05/27/sotomayor-supreme-court-justice-business-opinions-contributors-didden.html
“While Didden’s backers say that Wasser’s offer was extortion, it looks like it might have been an innocuous settlement proposal–standard fare for legal disputes. Unless Didden and Bologna could prove their side of this “he said, he said” spat (and they could not), Judge Sotomayor was correct to conclude that Wasser’s “voluntary” attempt to settle the dispute “was neither an unconstitutional exaction in the form of extortion nor an equal protection violation.” ”
Then again, the media is fascists.
Anyone who wants a judge because that judge is of any given race, deserves to be told fuck you.
Plastic turkey
Sammy supports racism, and meya condones extortion. That is the take-away here.
No surprises there, JD
Has there ever been a more pathetic attempt to manufacture a “scandal†before?
Yeah, that’s why you, meya, Sambot, kmcc, and the rest of the troll brigade have spent roughly 50 hours of time and hundreds of kilobytes of text to try to derail the discussion.
Because there’s nothing there.
You know, “poon”, I’ll bet you could’ve turned in at least a dozen job applications in the time you’ve spent on this. Remember, Barack is going to require you to work.
“Sammy supports racism, and meya condones extortion. ”
See, Forbes condones extortion. Dan Collins links to forbes. I just cut and paste. Though I have yet to see what the trial court decided the final version of hte facts was, and whether the appellate court could review that finding and at what standard.
“Yeah, that’s why you, meya, Sambot, kmcc, and the rest of the troll brigade have spent roughly 50 hours of time and hundreds of kilobytes of text to try to derail the discussion.”
Yeah. Because we know the truth and are trying to keep you from it. Just like all the other discussions we have on this bloggy.
I just cut and paste.
You are a liar, SFAG. Every word out of your lying mug is a lie.
Just thought I’d point that out again.
I could not care less what a magazine says, meya. You Leftists seem to turn to them for thoughts and authority. You have demonstrably condoned extortion. Your position. If that makes you uncomfortable, that is on you.
Anyone who wants a judge because that judge is of any given race, deserves to be told fuck you.
They want a judge of a given race to be opposed by Republicans is what they want. Barack Obama doesn’t give two shits about latinos, and if he and NPR and the rest of the dirty socialist media can convince them that Republicans are racist, he’ll never ever have to.
You just cut and paste. Why then, aren’t you just cutting and pasting Pres. Obama speaking of Judge Sotomayor’s now infamous remark “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”,
and asking why he has reached that conclusion about it? Or why he allows his press spokesman Gibbs to say
and
Is it because it’s just fine with you if the Pres. guts Judge Sotomayor’s judicial philosophy altogether, no big thing, since she didn’t really mean any of that stuff to begin with? We weren’t meant to take her seriously, you know, as though she actually professed the things she wrote?
What did I say, meya? I said that this was something she ought to be asked about during confirmation hearings. Is that wrong of me?
Questioning a Historic Person is not permitted, Dan. You know that.
“if he and NPR and the rest of the dirty socialist media can convince them that Republicans are racist, he’ll never ever have to.”
Ladies and Gentlemen, Mr. Tom Jones
That’s The Obama and his Dirty, dirty Socialist Media love song.
Happyfeet is kinda my personal hero.
Just because I’m heaping ridicule on your mecca of confirmation bias doesn’t mean I want you stop. Far from it. I can’t think of a better use of your time. It’s also completely safe to scoff, as, if anything, it will get you to dig harder.
As a consolation prize, you’ll get another false meme to parrot for the remainder of Obama presidency.
A: Can you believe Obama did X?
B: Doesn’t surprise me, remember, this is the guy that killed Republican dealerships to help his Democratic cronies.
Is it possible for you to simply discuss any issue in good faith, Sammy? I know, silly question.
I generally start there, but at the point it’s apparent that there’s absolutely zero objectivity, and it’s simply, preconceived notion -> dig for evidence to support, I switch to ridicule.
I mean, what’s the point “discussing in good faith” when the other side simply will not entertain any evidence that indicates that it’s possible they’re mistaken. Really, JD, when have you ever admitted here that someone on the left might have a more plausible argument? Ever? Even if it’s sheer luck odds are someone on the left would have to be right on something.
More Sotomayer goodness:
http://www.scotusblog.com/wp/judge-sotomayor-and-race-results-from-the-full-data-set/
And then your guy digs the hole for 2010 even deeper.
G. Gordon Liddy On Sotomayor: ‘Let’s Hope That The Key Conferences Aren’t When She’s Menstruating’
Glorious.
Wow. Why don’t you scour the site for positive citations of G. Gordon Liddy and write an expose?
Wait a second, Dan. You mean this isn’t a G. Gordon Liddy fansite?
Harumph. Good day to you, sir!
She doesn’t look very menstruatey I don’t think. She might could not even have a uterus thingy.
So in the name of objectivity, while the blogosphere and right-wing punditry have stooped to sexist and racist attacks, called her dumb, and insisted that she has an activist agenda, the elected Republican leadership is having nothing to do with it. That’s laudable.
Sammy, I think everyone including everyone here would be perfectly pleased to end up with sufficient evidence that political patronage has had no hand in any chrysler franchise revocations or assignations or creations. Transparency would help. There’s enough to question; where there is any appearance of impropriety it ought to be explored and put to rest.
Sotomeyer is an inferior judge. It’s being overlooked for some reason.
If she can make homemade tortillas then I think she might could have a valuable perspective on breakfast tacos.
blogosphere and right-wing punditry have stooped to sexist and racist attacks
Liar.
Other than that, great point.
You see, Sammy, your tactic of calling everything “racist” only goes so far. It depends on the good will of your victims — their wish to not be thought racists.
When it’s clear that that ANYTHING STATEMENT AT ALL will result in being called a “racist”, the tactic loses its power.
Sorry.
De Judge says she didn’t even know what a taco was until she went to college and roomed with a Mexican, so I wouldn’t trust her with a tortilla. ON the other hand, she claims an intimate familiarity with “lengua y orejas de cuchifrito, pigs’ tongue and ears” and other assorted pigs parts.
Sammy – There are many ideas that can be presented and discussed in good faith. You are your ilk choose none of them. It takes quite a bit of nerve to cry sexism and racism, when your nominee has claimed her race and sex make her a superior jurist. Other than G Gordon Liddy, does anyone here give a flying fuck what that bald asshole has to say? Another typical Leftist tactic of trying to make someone else be the face for and speak for all conservatives.
I was going to ask what the difference between La Raza and the KKK to the Dems, but then I realized that the Dems have no problem with people from either group holding positions of power and authority in their party.
Well, JD, ol’ crazy Pastor Phelps is a Democrat. So, I’m sure that Sammy will be happy to agree that Phelps speaks for him.
oh. I’ve only ever had beef tongue. It’s very tasty just don’t look at it cause it looks like someone chopped up a cow’s tongue.
Bh – From now on out, when one of these little cum-guzzlers starts in with the Rush/Hannity/Liddy bullshit, we should simply refer them to Byrd/Ayers/McKinney.
JD, yeah, but remember, Sammy is here with an open mind to argue in good faith. All evidence to the contrary that is.
Extremely OT, sorry, but I wanted to ask whether any of you all can recall a pitcher having a better start to a season than this Zack Greinke fellow in KC? The only loss on the dude’s 8-1 record so far was a complete (away) game 1-0 and his ERA is .84 at this point. I can’t think of a better jump but could be I’m forgetting someone.
Well, you clearly never saw me play high school ball, sdferr. If it wasn’t for the simple fact that they openly discriminate against pitchers with 68 mph fast balls in the pros I’d be showing you how it’s done right now.
Sdferr – You are spot on exctly right. Not only that, but he is not far removed from a point where he was not sure if he was going to keep on trying to play baseball for a career. Sensational start. Were he somewhere other than KC, he would be a household name.
He’s throwing tomorrow ‘gainst the WhSox and John Danks who’s sporting a 4-3, 4.59era.
I once had records at my high school for hitting the most batters in a game, season, and career. I was shocked when they were all broken.
RecordsNoses, ribs, wrists, etc., were made to be broken JD.Heh, JD, you were probably still a better pitcher than me then if you kept them nervous in the box. My sophomore year our coach nicknamed me “Ten Run”, as in, we’ll need to get at least ten runs to win if I’m pitching. Junior and senior year I wisely switched to golf.
Sdferr – I once intentionally hit the first 3 batters of a game against our arch-rival.
bh – I threw hard, and that was all. Nobody ever got comfortable in the box against me. Hell, if someone hit a hard single off me, the next batter could expect to get buzzed.
yoiks JD, that brings to mind this Doc Ellis episode
I’m assuming that was a home game. Or, you’re extremely comfortable fighting dozens of guys at a time in parking lots. ;)
Hey, thanks for that, sdferr. I had never heard of that game before.
‘Course, that in turn brings to mind this other one!
I can add Doc Ellis to my list of really cool baseball players.
Road game … Nobody ever said I was smart.
I like it, JD, that takes some cojones.
Ace and Allah both are running with this feel good education story out of Oakland, Ca, written up in the LAT. Here’s hoping it gets wider attention.
Nope, just that adolescent mixture of testosterone, puberty, and lack of brains. And, I threw really hard.
An admission that rolling dice, throwing darts at a board would yield better decisions than the thought processes engaged in by the Progressive leadership.
Since said leaders cannot be assumed to be stupid, that’s their schtick, then it must be assumed that they have an agenda in mind which is not commonly known, is undisclosed and that there are compelling reasons that it is, and remains hidden.
Thank you for that admission Sammy.
You getting any exciting weather out your way, JD? I heard a report that a few people were trapped in or near Tipton, IN.
I don’t know how close that is to you.
SBP – I am not sure why, but the weather seems to be going all around us. We have the news on and it says winds @ 70+ mph, hail, and huge storms in the area. Tipton is about 20 min north of us. We have heard thunder in the distance, that is all. Strange, given the volume of nasty weather.
Another three batters beaned in a row. Satchel Paige.
Hope it stays that way, JD.
Paige was already on my list of way cool baseball players.
I just walked out by the lake, and we have no even had any rain here yet. They are calling for floods just to the north and south of us. Odd.
I’ve been watching the Midwest radar all evening — this seem to be dozens of highly-localized cells rather than the more typical line formation.
Looking at a radar image JD, the storm south of Indianapolis is biggish, the cells to the north near Tipton (I think there were three of ’em) are pretty small.
JD? JD? (tap…tap…tap… Is this thing on?) JD, come in please.
Well, maybe none of you consider any of these people representative of your decision, but Pat Buchanan, Rep Tom Tancredo, Jeffrey Kuhner, Glenn Beck, Rushbo, Mark Krikorian, Newt, and Sean Hannity have all had dumb things to say (and I can already tell you you’re going to hate the source, but do try to focus on the message, not the messenger). Now maybe you consider these all these guys listed above to be morons, if so, I retract the part about punditry. As JD astutely pointed out, I wouldn’t say that Byrd/Ayers/McKinney are representative of my views. I’m more a [Sammy replaces shot up Kevlar with some that’s shinny and new] Maddow-ist.
I’ll take you at your word Sarah. Does everyone else here sign on to that statement?
I answered you above, moron. It came as no shock to anyone that you are a MadCow-ist. None whatsoever.
blogosphere and right-wing punditry have stooped to sexist and racist attacks
“Ouch.”
Fixed that for you.
Rats.
You mean like saying white men are inferior to Latino women, for instance?
Now maybe you consider these all these guys listed above to be morons
You are a liar, Sammy.
Pointing out (accurately) that someone is a racist and a sexist is neither racist nor sexist.
Sorry.
Also, what makes you think anyone here holds a brief for Pat Buchanan, of all people?
You wouldn’t look QUITE as stupid if you bothered to engage with the ACTUAL political views of the people on this site rather than debating the cartoon “conservative” in your head.
Pat Buchanan is a fascist. Just like you, Sambot.
The pick was made precisely in order to be able to label any objections as “sexist and racist“. She has in place two of the three main defenses of the Left to any attack on their positions. Homophobe is the only one left out.
ISTR there was some drive-by moby a while back trying to argue that AmConMag was the only true voice of conservatism, and that everybody else is a poseur.
Of course, by knowing how to spell “poseur” he exposed himself for a fraud, but Sammy apparently doesn’t know that.
[…] reached for comment, President Obama explained “Her words are being taken out of context. You know–just like they did with Rev. Wright’s. I bet those are some she’d like […]