Ilya Somin writes:
I share Megan McArdle's frustration about the Court's refusal to take the case. But I do quarrel somewhat with her lament that "this is an issue that only fires up libertarians." Among the amicus briefs urging the Court to take the case was this one, by liberal Democratic New York state Senator Bill Perkins, a prominent critic of eminent domain abuse in the state. The Becket Fund, one of my own clients in this case, is certainly not a libertarian organization. More broadly, among those strongly opposing the Kelo decision were such liberal groups and activists as the NAACP, the Southern Christian Leadership Conference, Ralph Nader, Howard Dean, and Representative Maxine Waters, as well as various conservatives. It is certainly true that libertarians have been the leaders in the campaign to protect property rights against eminent domain. But concern about the issue is hardly limited to us, and it is not too late to form a broad cross-ideological coalition to address it.
In my frustration, I overstated the point, and unfairly maligned a lot of progressives and conservatives: libertarians are the only group I know who are pretty much united in their opposition to abuses like Kelo and Columbia, but we are not the only people who care. And we could always use more company.
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