Sotomayor and eminent domain

Published May 25, 2009 4:00am ET



Few things make liberal court commentators more uneasy than the fact that in the extremely unpopular Kelo v. New London decision, the five most liberal judges were on the side of big business and the three conservative judges were on the side of the little guy. Indeed, Justice John Paul Stevens, arguably the most liberal of the nine, wrote the big-business-big-government decision.

Well, Sotomayor’s record also seems to come down on the side of the Bigs against landowners. Richard Epstein in Forbes describes one of her rulings:

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