On day 2 of her Supreme Court nomination hearing, Sonia Sotomayor’s views on property rights continue to remain vague. Today, while undergoing questioning from Senator Chuck Grassley on whether she agreed with the Court’s 2005 ruling in Kelo v. New London, Sotomayor tiptoed around the question simply adding she respected the "right of property owners to have their day in court."
The United States Supreme Court decision in Kelo v. City of New London ruled that the government may use the power of eminent domain to expropriate property for private to private transfer under the ambiguous title of “economic development”. As a result of the Supreme Court’s ruling, the government’s power of eminent domain has become almost limitless, providing victimized citizens with few means to protect their property.
Her elusive response comes as no surprise given her rulings in past takings cases. I fear under Judge Sotomayor’s leadership, the door will continue to be left wide open to these egregious takings.