Sunday, December 21, 2008

Right Wing Hearts Local Government Until It Doesn't

So we know folks on the right side of the legal spectrum express concern about a few parts of the bill of rights. The Second Amendment is a good example. The First Amendment, too; but not all the time. And the Fifth Amendment's protection for private property. They're big fans of that. The right's response to Kelo v. City of New London was predictably flecked with prodigious quantities of spittle.

Ilya Somin returns to the site of this egregious crime against humanity in a recent post over at Volokh's. Somin furrows his brow and wrings his hands about Jeffrey Toobin's portrayal of the Kelo case in his recent book about the Supreme Court. Apparently, according to Somin, Toobin under-reports the amount of spittle that left wing folks spread around after the Kelo decision. But it's really just another opportunity to talk about how Kelo was such an abomination.

Conservative top-blowing about the Kelo decision is, well, annoying for two reasons. First, the decision is defensible, justifiable, and maybe even correct. Second, it's another example of the right conveniently overlooking its traditional deference to state and local authorities. But who needs intellectual consistency when sacred private property rights are at stake?

No comments: