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Tuesday, February 22, 2005

This just in -
Justice Stevens was not at oral argument at the Kelo case today, because his plane was cancelled. Possibly due to snow? I know my mom was worried about missing her plane to Mexico Monday due to snow. Traditionally, Justices who don't hear the case tend not to participate in the decision. The Chief Justice says he'll vote to break a tie, but not otherwise. So how about O'Connor writing for Scalia, Thomas, and a justice to be named later? It could happen... I'm thinking Souter Ginsberg Breyer and Kennedy lean pro-eminent domain, even when abusive, and I'll call O'Connor unpredictable. Kennedy might be the fourth vote for a 4-3 majority. All this is just speculation of course.
Stevens may choose to participate.

I'm told the court denied cert in the Alabama sex toy case - I had missed the circuit decision in June. I was busy in June. Bad news for Alabamans.

"Federalism, boundaries, discretion, and precedent."
Those five words are the four words the landnabber didn't get to say.
I think they are fine words.

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