An interesting discussion is going on over at Volokh Conspiracy about Professor Gideon Kanner’s critique (posted here and here) of journalist Jeffrey Toobin’s new book on the Supreme Court, particularly the section dismissing the reaction to Kelo as the product of right-wing reactionaries.
The posts are worth reading for an inside look at what makes a Supreme Court case, especially the amicus process. Don’t miss Kanner’s responses in the comments here, here, here, here, and his deconstruction of Berman, Midkiff, and Kelo here.
We filed amicus briefs in Kelo (supporting Mrs. Kelo, natch) and the regulatory takings case heard the same day, Lingle v. Chevron U.S.A., Inc.