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Monday, June 27, 2005

Outrage and surprise

Will Baude suggests that I'm "disappointed and surprised by the outrage that Kelo has engendered in the blogosphere."  I hope that my post didn't convey that idea.  What disappointed me was not outrage; I think it's quite all right to be outraged or angry over Kelo

What disappointed me was that so many legal academics seemed to be surprised about Kelo.  Surprised!  The outcome in Kelo was widely expected and was in line with longstanding precedent.  No legal academic should have been surprised by the result. 

Being surprised by Kelo is like being surprised when a Democratic presidential candidate wins New York, or a Republican candidate wins Texas.  It's like being surprised when Michael Jordan wins a basketball championship. 

Of course, just because legal academics shouldn't have been surprised doesn't mean that they should all support Kelo.  The decision is certainly open to criticism on any number of grounds.  But surprise?  No matter how much I may dislike Michael Jordan, it still strains my credibility if I express surprise when Michael Jordan wins.

[Edit, five minutes after posting:  I tried to get too cutesy at the end of this post and compare Kelo to Casey.  But one review, the comparison doesn't really hold up that well, so I've cut it out.]

Posted by Kaimi Wenger on June 27, 2005 at 04:03 PM in Constitutional thoughts, Kaimi Wenger | Permalink

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Kaimi: I agree with you again. As I said in the comments to my post, I can understand the frustration with Kelo, and I'd consider voting for a law that would effectively overturn it.

Posted by: Hillel Levin | Jun 27, 2005 6:00:22 PM

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