pageok
pageok
pageok
Questions for Judge Roberts:

Glenn Reynolds points to some interesting proposals, including his own. Given the traditional unsubstantiveness of judicial nomination hearings, though, I doubt that they'll get answered -- or even asked.

aslanfan (mail):
Interesting that the quote from Justice Story comes, not from the portion of his commentaries that addresses the Takings Clause, but from the Contract Clause discussion, and that he cites a contract clause case (Fletcher v. Peck) as support for the assertion, which leaves open the question of whether such a transfer of vested rights from A to B (where needed to promote the public good) might be cured by the payment of just compensation. Odd that he wouldn't include his A to B hypo in discussing public use. Could it be he understood public use to mean public benefit?
9.13.2005 1:17pm