Better Late Than Never, But It Won't Bring Her Home Back
Via Damon Root at reason, in May, 2010, a Connecticut Supreme Court justice apologized to Suzette Kelo, whose home was ripped away from her under evil "eminent domain," thanks to the ruling against her in Kelo v. New London. Jeff Benedict writes in the Hartford Courant:
I had delivered the keynote address on the U.S. Supreme Court's infamous 5-4 decision in Kelo v. New London. Susette Kelo was in the audience and I used the occasion to tell her personal story, as documented in my book "Little Pink House."Afterward, Susette and I were talking in a small circle of people when we were approached by Justice Richard N. Palmer. Tall and imposing, he is one of the four justices who voted with the 4-3 majority against Susette and her neighbors. Facing me, he said: "Had I known all of what you just told us, I would have voted differently."
I was speechless. So was Susette. One more vote in her favor by the Connecticut Supreme Court would have changed history. The case probably would not have advanced to the U.S. Supreme Court, and Susette and her neighbors might still be in their homes.
Then Justice Palmer turned to Susette, took her hand and offered a heartfelt apology. Tears trickled down her red cheeks. It was the first time in the 12-year saga that anyone had uttered the words "I'm sorry."
It was all she could do to whisper the words: "Thank you."
Then Justice Palmer let go of her hand and walked off.
Commenter recordat, on the Courant's site, summed up well (stumbling a little in trying to get to "acknowledged"):
An apology is also owed to all American citizens whose rights have been dramatically diminished as a result of his now acknolwed misstep.
Again, this is the crux of the situation I'm now involved in, in the wake of the TSA agent demanding $500K from me -- for refusing to go quietly as our Fourth Amendment rights are violated daily at airports across America, or as a single agent engages in malfeasance (I believe, to punish me for speaking up) and then tries to extract money from me for how I dared to continue to exercise my free speech rights in the wake of what was done to me.
This is one little (and extremely unpleasant, violating, and upsetting) incident that happened to me. But, the big picture is one of our rights being eroded and of people shrugging their shoulders as it's happening. I couldn't even finish discussing it with a woman who writes at the cafe I do. She didn't think it was a big deal that an agent was groping her hair. I asked her if there was evidence that she was an al Qaeda operative. She reiterated that being searched was really no big deal, blah blah blah.
But, it is. Every right that is yanked away from us makes it that much easier to yank others' rights and more of our own.
The decision in Kelo makes it that much easier for some municipality or some big business to take your home or business from you, and with nothing you can do about it but start packing the moving boxes.







I never agreed with that U.S. Supreme Court decision either.
If I recall the story correctly, the pharmaceutical company that built on the seized land later closed it down (disclaimer: I could be off in the details.) If true, talk about rubbing salt in the wounds.
The good news is that Supremes' decision inspired a lot of state lawmaking restricting eminent domain by businesses.
Iconoclast at September 21, 2011 4:36 PM
On the second page of the linked article:
=== ===
Benedict (reporter): Looking back at the Kelo decision (by the Connecticut Supreme Court), how do you see it now? In other words, has it led to good law?
Justice Palmer: I think that our court ultimately made the right decision insofar as it followed governing U.S. Supreme Court precedent.
Whether the Kelo case has led to good statutory law is not a question for me or my court; so long as that law is constitutional, its merits are beyond the scope of our authority. Of course, judges are also citizens and, therefore, we may hold a view on the merits, but that view should not interfere with or affect our legal judgment concerning the law's constitutionality.
=== ===
So, The Supreme Court continues to support the Kelo decision. Justice Palmer is only sorry that there was a bad outcome. His comment "Had I known all of what you just told us, I would have voted differently." is more emotion than truth.
Only a revision of of our Constitution and a specific restatement of its principles will be enough to change the arbitrary decisions now known as constitutional law. Constitutional law was hijacked by FDR and will only be restored by a specific, political revolution.
Andrew_M_Garland at September 21, 2011 4:58 PM
"If I recall the story correctly, the pharmaceutical company that built on the seized land later closed it down (disclaimer: I could be off in the details.) "
Actually nothing was ever built on the site. It sits empty today.
If Justice Palmer wants to make amends, he can start by using his influence to champion a Constitutional amendment overturning Kelo. So may say it is improper for a judge to do this. However, I think it would be entirely proper for a judge to work towards legal means of overturning a decision he realizes, after the fact, was the wrong one.
Cousin Dave at September 21, 2011 5:02 PM
How could anyone have ever thought the Kelo decision was a good one?
Laws are only as good as their enforcement.
The fact is that eminent domain has been so badly abused over the years that we the people should invoke our right to remove that power from the government.
Our justice system is built upon the principle that it is better that 10 guilty men go free than 1 innocent be unjustly punished.
Should it not be equally said that it is better for a city's revenue be reduced by millions than that one citizen have their rightful property seized from their hands and given to someone else?
After I've built my business into something successful and can retire comfortably...I'm running for office and the first thing I'm going to do is go after eminent domain.
Maybe a nice little rule that states that no privately owned property may be seized by government authority unless it is obtained by criminal means, AFTER a guilty plea is achieved. And that such property may not be leased, sold, rented, or in any way transferred or used by a private corporation of any kind for 50 years after the seizure.
After that, then its a crusade against public unions.
Good bye fat retirement check on the citizens backs.
Then its off to the senate to put senators and representatives back on the payrolls of their states, and off the federal payroll. (They're essentially hired by the states, why should they get federal pay?)
Then its after the conflicts of interest...no SEC employee should be allowed to leave his employment to get a job with the company he was supposed to be watching.
No General making decisions about military hardware purchases should be retiring to work for the companies he was buying from before that.
No government contracts should be awarded to companies employing the family members of any political figure.
...I'm so getting assassinated. 'lol'
Robert at September 21, 2011 6:12 PM
The judge later clarified to the author that he felt his decision was legally sound and !that he was sorry she had suffered to he decision.
Brett at September 21, 2011 6:39 PM
I think the TSA, certainly as implemented, is terrible. What happebed to you, and many others, is horribly wrong.
But Kelo? Wait a minute...
First, thie current story. Justice Palmer was NOT apologising for the exercise of eminent domain, but that he would not have voted the way he did had he known, which had not been divulged, that the Pfizer development was already obsolete and would almost certainly not occur.
Now, the Supremes. Their decision was that the eminent domain law was not unconstitutional - basically as far as they can go, a yes-or-no. BUT the opinion[s] were quite forceful that it was nonetheless a bad law, and that all such laws should be looked at and most altered.
John A at September 21, 2011 6:53 PM
I don't really know what to say about the apathy regarding the loss of our rights and freedoms. Your experience with the lady in the cafe mirrors many of my own.
I am tempted to say that if Americans don't value their freedom, then they don't deserve to keep it, yet where does that leave those of us who do?
For myself, I can say that I will remain a free man, despite federal machinations, but perhaps it won't be here.
dervish at September 21, 2011 8:59 PM
Listen, I'm not a young man. But when Kelo was announced, I literally telephoned my mother for a voice of consolation. I couldn't believe the conservative Court could so casually trod the rights of American homeowners... And then I found out how it had gone down.
In other news, there were two executions last night. My twitter feed was choked with snarking, pouty-toned comments about the evil of CP... But guess which execution was mentioned only once.
Crid [CridComment at gmail] at September 21, 2011 9:27 PM
Also-
> But, it is.
I'll give you five dollars if you go a calendar year without starting a sentence by "But" and a comma.
Comma fuckups make my flesh crawl. These are turbulent times for one of punctuation's great workhorses.
Crid [CridComment at gmail] at September 21, 2011 9:45 PM
OK, "tread". Sorry.
Two random funnies.
Crid [CridComment at gmail] at September 21, 2011 9:48 PM
Crid,
There is life beyond 140 characters. Enough already.
Learn <a href> and <blockqute></blockqute>. I don't have a twitter account and your tweet references are extremely slow to download.
Jim P. at September 21, 2011 10:52 PM
Kiss a girl!
Besides, a href is how I link. Tweet, tweet.
Crid [CridComment at gmail] at September 21, 2011 11:12 PM
I am less magnanimous than Suzette Kelo. In her place, I would have replied, "In light of your acknowledged incompetence, when will you be resigning?"
Patrick at September 22, 2011 2:19 AM
I'd have punched the mother fucker in the face.
And honestly which is worse? That he supported corperate theft of private property via government officals(who probably had cousins working for said corperation)
Or that he thinks the reason for his mistake was soley that the deal had fallen thru?
lujlp at September 22, 2011 4:03 PM
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