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July 27, 2005

Dean on Kelo

Howard Dean can't be this dumb (HT: Ballon Juice via Hugh Hewitt).

He also said the president was partly responsible for a recent Supreme Court decision involving eminent domain.

"The president and his right-wing Supreme Court think it is 'okay' to have the government take your house if they feel like putting a hotel where your house is," Dean said, not mentioning that until he nominated John Roberts to the Supreme Court this week, Bush had not appointed anyone to the high court.

Dean's reference to the "right-wing" court was also erroneous. The four justices who dissented in the Kelo vs. New London case included the three most conservative members of the court - Chief Justice William Rehnquist and Associate Justices Antonin Scalia and Clarence Thomas. Justice Sandra Day O'Connor was the fourth dissenter.

The court's liberal coalition of Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer combined with Justice Anthony Kennedy to form the majority opinion, allowing the city of New London, Conn., to use eminent domain to seize private properties for commercial development.

"We think that eminent domain does not belong in the private sector. It is for public use only," Dean said.

Someone please get a hold of Dr. Dean and let him know that the most conservative judges on the Court were in the minority on Kelo. Perhaps then he will join Leahy in offering his wholehearted support for Judge Roberts.

Dean may not be lying outright, but this quote does suggest that Dean has a penchant for making things up as he goes. He's doing a great job filling Mcauliffe's shoes!

Posted by Rick at July 27, 2005 09:33 AM

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