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Wednesday, June 29, 2005

SCOTUS postscript

After reading the story about a developer attempting to take Justice Souter's house, it occurred to me that this ruling could create a new problem.

Let's say the local board decides to go along with it and grants eminent domain.
Clearly, Justice Souter would want to fight that ruling, so he would take it to court.
No matter how that court ruled, it would go up the ladder to... where?

All the SCOTUS judges would have to recuse themselves. Souter can't rule on the taking of his own property - conflict of interest. And one could argue that all his co-workers on the court would also suffer from similar kinds of conflicts, either wanting to support their friend or wanting to take revenge on an imbecile. That leaves no one on the highest court.

Ah, the fun this could be!

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