Reply #60: You are missing the point... [View All]

[jberryhill]

The headnote in that case did not make law. Yes, the case was mischaracterized by the headnote. The notion that this made the law what it is today, is a species of magical thinking.

Court cases are mischaracterized all of the time. Try explaining some time that the Kelo decision only related to a specific state law which renders it irrelevant in virtually every state, and see how far you get with that in a pitchfork bearing mob some time.

There is a large body of decisions on the topic, and you have not found some loose thread that is going to unravel the sweater here.