New rules for Eminent Domain....has this been discussed already?

[Sugarbleus]

We've been watching this all day on all the news outlets. I don't see any threads in here discussing this. Is it "not that important" to anyone? I'll bet it's damn important to those whose homes are about to be bulldozed so Wal Mart can build another dept. store!

Ownership society? People living in dwellings; perhaps the only ones they'll ever have, now have to worry about the Gov just walking up and taking it away! Unbelieveable...

I know that this idea was being forced on a few communities earlier on but now IT'S PERFECTLY LEGAL and Nobody can do a damn thing about it!

Has this country, this government NO SHAME????? This is outrageous.

:nuke:

[Zynx]

1. The shocking thing is that it was the liberal part of the Supreme Court.

That shocked me.

[ProudDad]

2. There is NO liberal part

of the Supreme Court.

Marshall was the last Liberal and they replaced him with clarence thomas....

[OldLeftieLawyer]

7. Wouldn't he be proud?

I remember the day he died. I was driving on the Beltway that goes around Washington, DC. I heard it on the radio. I had to pull over, I was crying so hard.

Talk about heroes. He was a monument.

[ProudDad]

23. I cried too

[Zynx]

8. Ginsburg is not a liberal?

[Pushed To The Left]

10. That surprised me too

What is really strange is that a local libertarian/conservative talk show host was calling it a "liberal" decision! I'm glad to see I'm not the only progressive that thinks that this is absolutely horrible. This issue may actually bring some conservatives to our side if we take a strong stand against eminent domain. Property rights are very important to many conservatives.

[CTLawGuy]

19. a hideous, irresponsible decision

essentially they gave the government unlimited power to take land for "economic development". Almost ANYTHING can be tied to "economic development", it is so vague of a term.

[ProudDad]

3. There are a bunch of threads

about this on DU.

Check around.

Like

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x1879557

[havocmom]

6. Yeah, I was ranting and raving at full throttle

My blood pressure will NEVER be the same.

[OldLeftieLawyer]

9. Here's your cure

A nice 120/80 for you, coming up.

Read the damn opinion, and you'll see that NOTHING HAS CHANGED! Dammit. It's procedural. The Supreme Court simply affirmed that localities have jurisdiction over eminent domain proceedings, not federal courts. That is ALL!

It's been part of our national landscape forever. The "outrage" is born of not taking the damn time to read the damn opinion.

Here: http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=us/000/04-108.html

Now, let me know when you're free so that you and I can go forth, drink wine together, and perhaps crush some rightwingnut skulls?

:yourock: :woohoo: :applause: :woohoo: :applause: :hi:

[havocmom]

18. Can I wear my Viking helmet?

Skull crushing sounds like fun.

I know the eminent domain bit. I also know enough land developers (big hotels, big shopping centers) and enough county commissioners with 'round heels' to fear for the homes of some grannies I know in the Baked Apple where the bulldozer reigns supreme.

But skull crushing could be very theraputic!

Thanks for the cheer-up. You have NO IDEA how much it means to me today.

many thanks.

edited cUz the key for that letter still won't work well

[Walt Starr]

22. Did you even bother to read the dissent?

O'Connor's opinin SHOULD HAVE BEEN the majority decision.

Maybe you didn't read that far in your link?

[OldLeftieLawyer]

26. I use Lexis/Nexis

A pal sent me that link via PM for those who don't subscribe.

Yes, I read it. It wasn't terribly enlightening, but then, Justice O'Connor stopped impressing me a long, long time ago.

[Junkdrawer]

4. In LBN, they're on thread #2...

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1575546&mesg_id=1575546

That's pretty rare for LBN...

[OldLeftieLawyer]

5. There are lots of threads

And you'd better read the opinion so that your shock can dissipate, because the opinion changed absolutely nothing, eminent domain is the same standing law it always has been, and the only difference in this ruling is procedural.

The only people outraged about this are the ones who don't know what the opinion says. In fact, poor people have been subject to eminent domain in the name of gentrification forever, but no one cared. Now that it's hitting the middle urban class, it's a whole different story.

In fact, it's a good ruling, codifying the power of local governments, and backing the Federal judiciary the hell away from the subject.

Go read the opinion. You'll feel better.

[Walt Starr]

11. It's a lousy ruing

ranks right up there with Dred Scott, IMO.

[OldLeftieLawyer]

12. You said that before

And I haven't the slightest idea of what you're talking about.

But, that's all right.

Life goes on.

:woohoo: :woohoo: :woohoo: :woohoo: :applause: :woohoo: :woohoo: :woohoo:

[Walt Starr]

13. QWell, I guarantee you, this bullshit ruling leads to Bush nominees

sailing through the confirmation process or we will lose a lot of Senate seats.

I guarantee you, this ruling will be brought up in the committee meetings.

The only thing more shocking to me than this ruling is the fact that some DUers support this bullshit.

[OldLeftieLawyer]

14. Big surprise

What on earth makes you link this ruling to Bush nominees?

You clearly do not understand the opinion.

Ah, well, as I said: :woohoo: :woohoo: :yourock: :headbang: :woohoo: :applause:

[Walt Starr]

15. Actually, I think YOU dont understand the ruling

I sure as hell understand the dissent which was 100% spot on!

And Bush nominees will be asked about this ruling, count on it. In fact, I expect every court nominee that comes before the committee to be asked about this ruling and their thoughts on the subject.
I will never be able to oppose the nomination of any judge for a SCOTUS spot if they oppose this ruling.

[OldLeftieLawyer]

16. Oh

Rats.

And I thought I did understand it.

Well, thanks for the enlightenment. I feel a whole lot lighter now.

And thanks for the laughs.

[Walt Starr]

17. You're welcome

And always remember, a JD doesn't always mean a lot. All one has to do to confirm that fact is get on an elevator at the Daley Center in Chicago and realize how many people with JD's are there with you. Not to mention the fact that they passed the bar, too.

[OldLeftieLawyer]

21. Who said it did?

You're so extraneous tonight.

Bet you've got gas.

Yep.

Decaf, for sure.

[Walt Starr]

25. You have implied it does

Maybe you could use a beer.

Nah, a shot would probably be better for ya.

BTW, tell me, how does a court test that real property is not transferred from A to B for B's benefit solely based upon the majority decision as written?

[OldLeftieLawyer]

28. I have implied nothing

You've got your personal axe to grind, so please don't project degree-hunger onto me. I've got mine, and I'm proud of what I've earned, but I sure as hell don't have to post what my husband's credentials are to feel like I can participate.

Go ask your wife. You said she's a lawyer. Tell her how cheaply you hold her degree. That's a nice thing to think about your wife, by the way.

[Walt Starr]

29. Ahhh, can't answer it

There is no test. Read the majority decision.

Again, this is bad law.

I hold my wife's experience in the legal field far more in esteem than her degree.

And I hold many an attorney who holds a JD and has passed the bar in nothing more than contempt.

But I asked you a trick question, because the court has no test to insure real property is not transferred from A to B solely for B's benefit, but anybody who had bothered to read the thing would know that, right?

[OldLeftieLawyer]

30. Sweetie,

let me tell you this - you cannot get self-esteem from the people who respond to you. At this point, what I'm doing with you, while killing time, is what we in our family call "playing with our food."

Now, go ask your wife and make sure you tell her that her professional credentials are worthy only of your scorn.

I'm sure that will rock her world.

[Walt Starr]

31. Ahh, nothing but personal attacks

Surely you know that a JD and a license to practice does not a good lawyer make.

But then again, based upon your answers here, you probably didn't know that.

[Sugarbleus]

20. Thanks for responding all...

Just as I pressed the "post" button, I saw that someone else had beat me to it.

Thanks also that this has been discussed in earlier threads. I'm on West Coast time so the news is just now finishing up for us.

I still think that taking away someone's home for things other than public projects is just wrong!

Trust me, I'm not among the middle class homeownership club. We are a low income family barely able to keep a rented roof over our heads. I reacted to this news because I believe there is a Housing crisis (among other crises) in this country. I do care about the well being of others and their property. What's good for one, ought to be good for the another. If governments can take away the homes of any one for pure profit motives, then what chance do we underclass renters have in this society!?

Just more disturbing news....... I'm exhausted.

[OldLeftieLawyer]

24. You did good, Sugar

Sugar.

Easy does it. You're fine............



:woohoo: :applause: :yourock:

[ProudDad]

27. If it makes you feel any better

Those of us who aren't in the 1% elites have always been fair game for those who are. :shrug:

Our only advantage is our numbers. We have to learn to work together and starve the beast. Create our own LOCAL and Regional economies and bypass/ignore the big corporate monsters.

Don't buy at Wal-Mart or Safeway or GM or Ford or Home Depot. Buy at locally owned grocery and produce stores, local hardware stores, buy your cars used (and don't buy SUV's). Barter whenever you can...

Starve the beast!!!

[OldLeftieLawyer]

32. Absolutely

I even barter with my dentist, and she with me. We try to shop locally as much as possible. Even if I pay more, I'll buy from a Mom and Pop bookstore, and if I have to wait for them to order me the CD, I'll do it.

We have two credit cards. We use them once a month - for gas - to keep them alive.

We drive cars until they die. Mine has almost 200,000 miles on it, I bought it used, and my last car was a 1976 Maverick, which I drove for 21 years.

Starve the beast, indeed...............

[Sugarbleus]

34. I suggested this some months ago. I think a few of us were into

doing the same at that time; maybe you were in on it too.

I like the barter system and I will NEVER buy a new car again. My vehicle was purchased new with cash from a settlement. NEVER AGAIN.

It's 11 years old. We keep it running/tuned etc. and it's just fine. Not many miles on it either. Don't drive too much, so THAT saves on GAS..woohoo

I endeavor to shop where it's safe or green. Sometimes poverty forces my hand when I need something badly enough--no walmarts in my county though, just "dollar stores". However, I have so little income that I find myself NOT buying much of anything except groceries. I hate Safeway.

I'm into repurposing used goods. I LOVE to refurbish old furniture; paint etc. Flea markets, garage sales, and thrift stores are the perfect thing for any one creative enough to make used items "chic" and usable in their homes.

In the end though, I'd still hate it if my "substandard" (but sheltering dwelling) were torn down and I were left with nothing and nowhere to go.

~~Peace

[Sugarbleus]

33. That suits me just fine. I'm in

:thumbsup: