The Institute for Justice, the attorneys who represented Susette Kelo in Kelo v. City of New London, 545 U.S. 469 (2005), the decision in which the US Supreme Court held that economic development takings were not per se invalid, has filed a brief amicus curiae supporting the request for review in Goldstein v. Pataki, No. 07-1247 (petition for cert. filed Mar. 31, 2008), the Second Circuit decision I blogged about here. The brief asserts:
In affirming the dismissal of Petitioners’ complaint, the Second Circuit held that taking property from A just to transfer it to B is constitutional — as long as the government refuses to admit what it is doing.
Brief at 2. More on the issues in the case here. The petition and other briefs are posted here.
Update: here is a story from the New York Sun about the brief (hat tip to Dwight Merriam for forwarding this item).