The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in Washington, DC. The topic of the conference was "Public and Private Power: Preserving Freedom or Preventing Harm?". This panel discussed "Private Power and Eminent Domain."
Fifteen years ago, in the landmark case of Kelo v. New London, the Court upheld the exercise of eminent domain to transfer private property from private individuals to other private entities. The controversial decision prompted deeper questions about the extent to which the Constitution allows for eminent domain for "public purposes" even where the action advances the economic interests of private parties over others. But how lasting is this precedent? This panel focused on eminent domain’s history, the implications of originalism for understanding the extent and use of that power, recent Supreme Court rulings on these topics, and the likely subjects and issues for review in future cases.
Featuring:
- Hon. Paul D. Clement, Partner, Kirkland & Ellis LLP
- Prof. Roderick Hills, New York University School of Law
- Mr. Robert J. McNamara, Senior Attorney, Institute for Justice
- Mr. Joshua Thompson, Director of Legal Operations, Pacific Legal Foundation
- Moderator: Judge Jennifer Walker Elrod, United States Court of Appeals, Fifth Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.