Now this is an interesting development in the Kelo case. Several leaders of both parties, in both houses of Congress, are introducing laws that would withold federal funding from economic development projects that would exercise eminent domain under the Kelo precident. Citing (the obvious) concern over private property rights, a bipartison backlash against these sorts of takings is starting to form. Support is far from unanimous, though - many member of Congress, including House Minority Leader Nancy Pelosi, (D-Va.) criticize the proposed legislation as a breach of seperation of powers, and a clear attempt to make an end-run around the judicial process.
That Pompous Idiot DeLay (R-Tex.), of course, continues to tilt at the windmill of the independent judiciary, stating “This Congress is not going to just sit by — idly sit by — and let an unaccountable judiciary make these kinds of decisions without taking our responsibility and our duty given to us by the Constitution to be a check on the judiciary. And this is an example of doing that.” He sees it as a continuation of a public backlash against the judiciary following the Scheivo issue, unlike sane and rational people, who recognize that these issues have precisely nothing in common, except that they are court rulings he disagrees with. This sort of rhetoric brings an essential question: for those like myself (libertarians, and more specifically, libertarians who feel that the Schievo case was rightly decided in the courts, and that DeLay is a dangerously moronic windbag) might this legislation be water from a poisoned well?
The problem with being a libertarian these days, of course, is that all your potential allies stink. Ally with DeLay on the eminent domain issue, and his theocratic nonsense tends to stick to your position like grime. Ally with the Dems on gay rights, and you end up getting lumped in with Michael Moore and his creepily strident ilk. It’s a tough time to be a small-government, fiscally conservative, civil libertarian.
Edit: After some thinking, more and more, I’m growing to oppose this legislation, for two reasons. The first, to which I give greater weight, is an egregious breach of the principles of federalism, principles that, except in exceptional or deeply aberrant situations, I support. I’ve always considered these sorts of federal laws, relying on financial pressure to bring state and local governments into line, as deeply shady, and I should not be letting my disgust over the Kelo decision affect my judgement in that regard. The second is that, despite my thoughts on the ruling, Pelosi may be right - it is, potentially, a dangerous erosion and undermining of the court’s ability to maintain judicial review. Combine that potentially dangerous precedent with the aforementioned concern that it may indeed be water from a poisoned well, and I find I cannot support this law, no matter how much I would like to.