News
Judges and Judiciary,
Letters,
U.S. Supreme Court
Aug. 22, 2005
Chemerinsky Wrote Biased, Unfounded Attack
Letter to the Editor - In his recent Op-Ed, "Thomas, Unbridled, Would Gut 200 Years of Precedent" (Aug. 5 Daily Journal), Erwin Chemerinsky presented a biased and unfounded criticism of the dissenting opinions in the Supreme Court Kelo v. New London case.
Letter to the Editor
In his recent Op-Ed, "Thomas, Unbridled, Would Gut 200 Years of Precedent" (Aug. 5 Daily Journal), Erwin Chemerinsky presented a biased and unfounded criticism of the dissenting opinions in the Supreme Court Kelo v. New London case.
Chemerinsky attacked Thomas' view that government should not take private property from individuals, especially an individual's home, for the benefit of private corporations such as Pfizer. In the majority opinion, Justice John Paul Stevens argued that "public use" is not limited to actual use by the public. This blurs the lines of the public and private sectors, endowing local governments with a power that works on behalf of private companies, not on behalf of the general public.
In her dissent, Justice Sandra Day O'Connor wrote that this was a case of "reverse Robin Hood" - "take from the poor, give to the rich."
She said, "beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
Justice Clarence Thomas labeled the decision "a government land grab" that will be used against "politically weak communities with high concentrations of minorities and elderly."
The decision in Kelo v. New London is an affront to the property rights of individuals. The Property Rights Foundation of America, the National Association for the Advancement of Colored People, the AARP and the Southern Christian Leadership Conference all issued amicus briefs on behalf of the property-owner plaintiff in the case.
On July 5, the Board of Supervisors unanimously approved my motion directing county counsel to research the impact this decision will have on Los Angeles County and determine whether legislation is required at the federal or state levels to defend the rights of private property owners.
Michael D. Antonovich
Los Angeles County Supervisor
#336405
Columnist
Daily Journal Staff Writer
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