Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.
Sandra Day O'ConnorThe prima facie evidence provision in this case ignores all of the contextual factors that are necessary to decide whether a particular cross burning is intended to intimidate. The First Amendment does not permit such a shortcut.
Sandra Day O'ConnorWe hold that the reckless disregard for human life implicit in knowingly engaging in criminal activity known to carry a grave risk of death represents a highly culpable mental state that may be taken into account in making a capital sentencing judgment not inevitable, lethal result.
Sandra Day O'Connor