Tim Cavanaugh | June 30, 2005
Yesterday, New London Development Corporation COO David M. Goebel treated us to his own version of Rupert Pupkin's taunt "So long, suckers! Better luck next time!" Scott Bullock, the Institute for Justice attorney who represented the plaintiffs in Kelo vs. City of New London, responds:
Your headline "New London Apparatchik to Plaintiffs: Take It On the Arches and Get On With Your Lives Already!" concerning the email you received from David Goebel, says it all. Despite widespread outrage about the Supreme Court's decision and overwhelming support of the New London homeowners, Goebel, head of the New London Development Corporation and one of the leading architects of the ongoing debacle in New London, apparently still refuses to let the homeowners be. I suppose Mr. Goebel thinks that 87-year-old Mrs. Dery should also "get on with life" after he evicts her from the only home she has ever known. We will not deterred. We will do everything in our power to keep Mrs. Dery and her neighbors in their homes.
And, as usual, Mr. Goebel can't get his facts straight. What we have stated in numerous articles is that state supreme courts have ruled in nine states that eminent domain for private economic development is not permissible under the public use provision of their own state constitution. Now, do state and local officials, including attorneys general, not abide by their own state supreme court rulings? Absolutely! Local governments in Florida are an excellent example of that. But the court rulings in those states are there for anyone to see. Anyone wanting to check out the decisions and citations can look at the petition for certiorari we filed in the Supreme Court. Interestingly, rather than spending time actually doing development on land it already owns, it appears from Goebel's letter that the NLDC is instead spending its time contacting attorney general offices to try to defend an indefensible Supreme Court decision. I bet Connecticut taxpayers, who pay most of the NLDC's salaries, would be thrilled to know that.
For all readers who want to know about stopping eminent domain abuse in New London and elsewhere, please click here.
Help Reason celebrate its next 40 years. Donate Now!
Try Reason's award-winning print edition today! Your first issue is FREE if you are not completely satisfied.
Mrs. Dery needs an armed militia exercising its 2nd Amendment rights to defend her property from an oppressive regime.
Councillor Bullock, if you're reading this:
Will "doing everything in your power" include arguing that the
contents in, or process behind, the Fort Trumball plan are so
inadequate as to constitute a due process violation?
Will it include arguing that the plan should be reviewed using a
"strict scrutiny" standard, because of its disparate impact upon
the historically-oppressed group known as "low-income persons?" You
know, like in the New Jersey affordable housing case?
I like the disingenuous quote from Rep. Obey:
"The idea that this House, every time we don't like a court
decision, should decide that we're not going to allow federal money
to be used to enforce that court decision is as nutty as the
original court decision in the first place," Obey said. "So I would
hope that we would recognize that the Founding Fathers created the
system of separation of powers. They created three independent
branches of government for a purpose."
Oh yeah, you mean like the way Congress constantly forces states in
line (drinking age, anyone?) by threatening the purse strings?
Personally, I think it is unconstitutional for Congress to
legislate via the purse. But since SCOTUS is in the habit of
deferring all responsibility in the name of the "democratic
process", then f*ck it...I'm on board with this bill.
BTW, I've heard a lot of good things about Sen. John Cornyn lately.
One to watch?
MP,
I prefer Pelosi's:
"This is in violation of the respect of separation of powers in our
Constitution -- church and state as well."
Church and state? Really? Dumbass.
DeLay's quotes are idiotic, but I guess that's to be expected. He loves to trot out the "out of control judiciary" whenever he can. While I disagree with the decision, it wasn't as if the SCOTUS came up with the NLDC plan.
Baylen,
Sometimes you just have to shudder with fear that these people are
our government. Sigh.
My bad. I can see from the IJ website that their plans do not include pursuing other promising avenues of legal appeal to prevent the New London takings.
How heartening and inspiring it is to know that it takes the
majority opinion to be from the liberals on the bench in order to
rouse the ire of the Republican congress. Hmmm, I wonder if DeLay
would be as flustered over this if the majority opinion had come
from his conservative pals. Come on, could you be ANY more
transparent? DeLay couldn't give one drippy shit about
"people". Nice try.
"This Congress is not going to just sit by -- idly sit by -- and let an unaccountable judiciary make these kinds of decisions without taking our responsibility and our duty given to us by the Constitution to be a check on the judiciary," he said during a rare appearance in the House Radio-Television Gallery.
Oh, well, Senator, where were you when that very same "unaccountable judiciary" ruled that the war on drugs is more important than terminally ill & dying people easing their pain, and that growing a plant in your own backyard for your own use is somehow "interstate commerce"? Jackass.
joe: i think at this point they hope to use the horror many
quarters have felt towards kelo as a way of putting the issue on
the map, because using the tools o the bureau trade can be
countered more easily than legislation.
which may be a mistake, of course.
Site comments/questions:
Media Inquiries and Reprint Permissions:
(310) 367-6109
Editorial & Production Offices:
3415 S. Sepulveda Blvd.
Suite 400
Los Angeles, CA 90034
(310) 391-2245