A Stitch in Haste

Interesting:

In an article written as a law student, [Supreme Court nominee John G. Roberts] argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time.

Of course, the horrendous Kelo decision was about the Fifth Amendment's "public use" requirement, not the "just compensation" requirement. Still, one wonders, given Roberts' relatively light paper trail, whether this article will come up in the confirmation hearings and whether any senators will use it as an oppportunity to grandstand against Kelo.

Stay tuned...