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.

One answer is that the town's elected officials thought that the project served a public purpose and that the various subsidies and favors were worth the price. But they may or may not have thought this.

Of course, conservatives always claim to be against judicial activism.

Michael Kinsley Quotes