Since the 1960s, judicial activism has long exercised the patience of many Americans with their judges. Normally this is associated with concerns about courts identifying and promoting various “rights”—such as an alleged constitutional right to privacy—that even some of their most passionate supporters freely concede cannot be derived from the American Constitution.
Judicial activism, however, took a new step on June 23, 2005, when the United States Supreme Court decided in Kelo v. City of New London to expand the definition of what is known as “eminent domain.”
Via Jeff Cornwall, who writes:
Over time, Kelo will become known as the sharpest blow to free enterprise and entrepreneurship since this country was founded.