It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives recipe for judicial activism just as they say liberals have misused the equal protection clause.
Michael KinsleyHe's nice enough not to want to be associated with a nasty remark but not nice enough not to make it. Lacking the courage of one's nastiness does not make one nice.
Michael KinsleySo the danger of conservative judicial activism has been averted for another year. Stay tuned.
Michael Kinsley