Kelo Was Not About "Judicial Activism"

by Timothy Sandefur

David Boaz of the Cato Institute has some excellent comments refuting the notion that the Kelo case was an instance of "judicial activism." The reality is, Kelo was a poster-child for "judicial restraint."conservatives cannot complain that the Kelo decision was another example of judges overriding the decisions of elected officials, which is their usual definition of 'judicial activism.' In this case, the judges lamentably deferred to local elected officials, ignoring the property rights protections in the Constitution. "