Don’t anyone tell Glenn Reynolds; it might awaken him from his dogmatic slumber. But the Boone Pickens wind-energy project that Glenn is so delighted about in his role as honorary propeller-head (and which of course John McCain supports) is based on the idea of seizing huge amounts of private property for private use via eminent domain. That is, without the Kelo decision, which the glibertarians wanted to punish Justice Souter for by seizing his house this turkey of a proposal could never fly.
Admittedly, that’s a good anti-Kelo argument. But the fact that California wouldn’t steal people’s land to further enrich a politically connected billionaire, while Texas would, seems to me more a credit to California than it is to Texas.