Scalia compares Kelo to Dred Scott and Roe

October 18th, 2011

Strong words:

 “I do not think that the Kelo opinion is long for this world,” Scalia said. “My court has, by my lights, made many mistakes of law during its distinguished two centuries of existence. But it has made very few mistakes of political judgment, of estimating how far … it could stretch beyond the text of the constitution without provoking overwhelming public criticism and resistance. Dred Scott [legalizing slavery] was one mistake of that sort. Roe v Wade [legalizing abortion] was another … And Kelo, I think, was a third.”