Kelo and coronavirus

I am reblogging my “Kelo and Coronavirus” post (see below) because my colleague and friend Ilya Somin recently wrote up a thoughtful reply and critique (available here) of my Kelo essay. Professor Somin and I will be discussing these issues at a virtual Federalist Society panel on May 15. The details of our upcoming panel are here; in the meantime, I will respond to Professor Somin’s post in the next day or two …

prior probability

The Mercatus Center at George Mason University has published my latest op-ed explaining why “non-essential” employees and business firms must be paid just compensation–not loans or handouts. The logic of my argument relies on the leading case of Kelo v. City of New London, in which the Supreme Court interpreted the “public use” requirement of the takings clause very broadly. Although Kelo was a controversial decision when it was decided in 2005, it supports my argument that coronavirus lockdowns promote a public purpose and thus trigger the taking clause.

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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