The Limits of Backlash

Abstract

The Supreme Court’s decision in Kelo v. City of New London generated a massive political backlash from across the political spectrum (545 U.S. 469 [2005]). Kelo’s holding that the Public Use Clause allows the taking of private property for transfer to new private owners for the purpose of promoting “economic development” was denounced by many on both the right and the left. Over forty states have enacted post-Kelo reform legislation to curb eminent domain. 1 The Kelo backlash probably resulted in more new state legislation than any other Supreme Court decision in history. 2 These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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