As I've said and debated before (and really, don't want to do again), I agree with Justice O'Connor's dissent.
Fair point, but nobody would draw the line there so it doesn't matter.
I would, and while I hate the phrase "intent of the founders" I think they would too by and large. Unfortunately, you are right that few would draw the line there today.
As far as SCOTUS goes, only Justice Thomas went that far. Many states have enacted strict limits on eminent domain on their own as a result of this decision.
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