It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
Michael Kinsley
The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
Michael Kinsley
The case decided on Thursday, though, seemed promising to takings fans because it wasn't about compensation. It was about the requirement that any government taking must have a "public purpose."
Michael Kinsley
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