In Eminent Domain and the Obamacare Decision, Gideon Kanner also looks for the eminent domain angle in the recent opinions on the legality, vel non, of the ACA. In particular, he challenges the casual assetion in Justice Ginsburg’s opinion that eminent domain an “unwanted sale,” that there is such a thing as an “inactive landowner,” and that necessity has anything to do with a federal condemnation action.
Check it out, if you haven’t had your fill of Obamacare news. On second thought, belay that order: check it out even if you have had your fill.