Arguing Kelo

Kelo v. City of New London was an immensely important case about the clash between the powers of government and the right to own private property. Yet the actual decision as much reflects the specific goals of the litigants and the tactical decisions of their appellate lawyers to attain those goals as it does the clash of the conflicting constitutional principles. Reflecting on the case twenty years later, I identify a few of the pivotal strategic decisions that influenced the Supreme Court’s monumental ruling and the policy consequences that followed.