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Title: The Trump Goes On
Source: Weekly Standard
URL Source: http://www.weeklystandard.com/blogs ... campaign-will-end_1007525.html
Published: Aug 8, 2015
Author: Steven F. Hayes
Post Date: 2015-08-10 07:34:18 by Tooconservative
Keywords: None
Views: 8026
Comments: 146

It’s not over. And it’s likely to end badly.

In an interview on CNN last night, Donald Trump suggested that Megyn Kelly’s tough questioning was inspired by her menstrual cycle. “You could see there was blood coming out of her eyes,” Trump told CNN's Don Lemon on Friday night. “Blood coming out of her—wherever.”

He refused to apologize, of course, but after widespread condemnation, Trump, who is running on candor and straight talk, sought to explain his comments in a Tweet. “Re Megyn Kelly quote: ‘you could see there was blood coming out of her eyes, blood coming out of her wherever’ (NOSE). Just got on w/thought.’”

It’s a comment that might end any other presidential campaign. Trump is different, in part because this isn’t a campaign. It’s an extended media-driven ego ride.

From the beginning, he’s played by different rules because the media have let him. Trump works just blocks from the headquarters of the major broadcast and cable outlets. But as he’s rolled out his Trump for President brand, he has gotten journalists to come to him. He sits for interviews in the gilded atrium of Trump Towers, a nice home field advantage and one that sets him apart from the other politicians sitting in boring studios.

Trump has conducted frequent telephone interviews on cable networks, sometimes several times a day, and last weekend did “phoners” on two Sunday morning political shows. (Has any other candidate this cycle, in either party, been given an opportunity to do a television interview by phone?) If he were asked policy questions, the arrangement would give him an unfair advantage, with the opportunity to answer questions with a cheat sheet in front of him and Google at his fingertips. But substantive questions about the country and its problems are the exceptions in Trump’s conversations with journalists, who prefer to ask him about his latest controversial comment or seek to provoke the next one by asking him about his opponents. (Trump’s comments about Kelly didn’t provoke any follow-up questions from CNN host Don Lemon, whose interview with Trump continued for several more minutes). So the cycle continues: Trump says something outrageous that may or may not have any relevance to serving as president, he’s asked about it in a largely substance-free interview, and ratings climb—along with Trump’s name ID and poll ratings.

Trump is right, sadly, when he boasts that he is partly responsible for the 24 million viewers who tuned into the debate Thursday night. He has convinced himself that people watch because they love him and in a limited sense, he’s probably right about that, too. While I suspect that the Trump hype is driven by curiosity more than admiration, there is no doubt some segment of the population that is properly understood now as “Trump supporters.” That segment is small and will be shrinking in the coming weeks, but it won’t disappear.

The true Trump apologists are way too far in now. They've invested too much to bail on him. So his defenders will become increasingly desperate to convince people that this is all part of the establishment's failure to understand their anger and the media's failure to appreciate Trump’s appeal.

That’s backwards. It's not that the media have failed to give Trump enough credit; we’ve given his supporters too much. We assumed that at some point they'd embarrassed to be associated with him: If not his slander of Mexican immigrants, then perhaps his mockery of POWs; if not his kindergarten Twitter insults, then perhaps his sad and compulsive boasting; if not his incomprehensible answers to substantive questions at the debate, then maybe, finally, his juvenile and misogynistic put-down of the female moderator

Those who still remain Trump supporters seem to be beyond shame. It doesn’t matter that they’re angry about the incompetence in Washington. Turning to Trump to solve the problems in Washington is like turning to an ape to fix a broken refrigerator. It’s embarrassing, but rather than embarrassment, the Trump followers will feel more anger and their pose will shift from self-righteousness to victimhood. And many of them will dig in further.

More worrisome, for conservatives and for the country, so will Trump. As he’s abandoned by more rational beings, Trump, a man of deep and evident insecurity, will need these remaining supporters as validation that it’s the world that’s gone crazy, not him. They will encourage him to march on, guided by the misapprehension that there are many more behind them, perhaps hard to see, but following in the distance nonetheless. Trump will tout this support and insist, unconstrained by reality, that he can win. (This is the man who continues to say Hispanics love him and will support him, despite polls showing his favorability among Hispanics in the mid-teens).

As Republicans scramble to distance themselves—with many candidates denouncing his remarks about Kelly, as they had his mockery of John McCain—Trump will feel the swelling pride of a man whose bluff is being called. Treat me nicely or I’ll leave, he warned repeatedly.

This is why Bret Baier’s first question Thursday was the single most important question of the debate. Although Trump had left open the possibility of running third party, in the days leading up to the debate he had backed away from those threats. “I’m pretty confident in the answers I’ve gotten from him,” Sean Hannity said Wednesday night. “I’ve asked him a few times. I’m pretty confident he’ll never run third party.”

Less than twenty-four hours later, Trump reversed himself again, raising his hand to show he wouldn't pledge support for the eventual Republican nominee. When Baier asked if Trump meant to be conveying what he seemed to be saying, Trump responded, twice: “I fully understand.”

Trump threatened to leave if Republicans treated him badly. Now, because he’s a churl and a buffoon, Republicans have no choice but to treat him badly.

It’s foolish to pretend to know how it all ends. But one thing is certain: It won’t end well.

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#106. To: A K A Stone (#102)

Did you vote for Ron Pual in 88? Or Dukakis?

I'm not going to recite my entire voting history, even if I do have less to be embarrassed about than some people.

Of course, resisting the reptilian Bushes (75%), the befuddled Dole, and the crazed warmonger McStain isn't really that much to brag over.

Tooconservative  posted on  2015-08-11   12:26:53 ET  Reply   Trace   Private Reply  


#107. To: A K A Stone (#105)

You said the Club for Growth endoreses tea partiers and is anti establishment.

Club for Growth is knee jerk in favor of free trade. There is no daylight between them and the Chamber of Commerce RNC cuckolds when it comes to leaving American industry undefended against foreign mercantilism.

nativist nationalist  posted on  2015-08-11   12:29:53 ET  Reply   Trace   Private Reply  


#108. To: TooConservative (#106)

I'm not going to recite my entire voting history,

I'm just asking about 88. You must be ahamed of your vote.

A K A Stone  posted on  2015-08-11   12:31:57 ET  Reply   Trace   Private Reply  


#109. To: A K A Stone (#108)

I'm just asking about 88. You must be ahamed of your vote.

At least I haven't voted for a Bush twice like a total GOPe tool.

And I'm not answering mostly because you're so interested.

Tooconservative  posted on  2015-08-11   12:37:51 ET  Reply   Trace   Private Reply  


#110. To: TooConservative (#101)

"He certainly tried."

Kelo was not passed until 8 years later. What do you mean he tried to use Kelo?

"Her later history is irrelevant."

No it isn't. You said Trump used Kelo to evict some old lady. So her later history -- that she was NOT evicted but voluntarily moved -- IS relevant.

"Trump was exactly the kind of developer who was trying, in various locales, to cause the Kelo decision or to bring about the same results with his lawyers under state laws."

Had Kelo been in effect she would have received $251,000 from the city of Atlantic City. As it was, she turned down a $1.9 million offer for her house from Trump as well as a room for life at any of his properties. I'd call that generous, wouldn't you?

misterwhite  posted on  2015-08-11   12:40:37 ET  Reply   Trace   Private Reply  


#111. To: nativist nationalist (#107)

Club for Growth is knee jerk in favor of free trade.

Of course. Always were.

There is no daylight between them and the Chamber of Commerce RNC cuckolds when it comes to leaving American industry undefended against foreign mercantilism.

CoC and CFG square off in a lot of races in opposition to each other. To describe them as identical is just deluded.

Haven't you about worn out using "cuckold" yet? Did you have a wife or GF or BF who cheated on you? Is that it?

Tooconservative  posted on  2015-08-11   12:40:59 ET  Reply   Trace   Private Reply  


#112. To: TooConservative (#111)

Haven't you about worn out using "cuckold" yet? Did you have a wife or GF or BF who cheated on you? Is that it?

LOL! Glad to know it's getting under your skin, that sort of feedback helps. It makes my day when I can annoy a RINO bootlicker. Thanks for the encouragement.

nativist nationalist  posted on  2015-08-11   12:46:12 ET  Reply   Trace   Private Reply  


#113. To: TooConservative (#109)

You're lying. You voted for Bush.

A K A Stone  posted on  2015-08-11   12:46:30 ET  Reply   Trace   Private Reply  


#114. To: misterwhite (#110)

Kelo was not passed until 8 years later. What do you mean he tried to use Kelo?

He tried to use eminent domain exactly as Kelo did.

The Kelo case originated in 2000 or 2001. The Connecticut supreme court heard the appeals in 2002. It took until 2005 for Kelo to be decided by the Court.

Trump and other developers had pushed to use eminent domain as Kelo later allowed in the late Nineties.

If you want to continue bandying words, go ahead. Trump's record speaks for itself. He thinks he and some economic development council can evict anyone if they think they can make more money off any property than its current owners.

That is not and cannot ever be a conservative position. Which is why Kelo still matters politically. And why you are trying to obfuscate Trump's clear history of abusing eminent domain laws to seize the properties of small property owners, snowing them under in legal bills in the meantime.

Tooconservative  posted on  2015-08-11   12:46:40 ET  Reply   Trace   Private Reply  


#115. To: TooConservative (#114)

So did Trump ever actually use the Kelo decison himself? No he didn't.

Yawn.

Find some better GOPe talking points.

A K A Stone  posted on  2015-08-11   12:48:23 ET  Reply   Trace   Private Reply  


#116. To: A K A Stone (#113)

You're lying. You voted for Bush.

I've had four chances to vote for a Bush. I did so once.

You had the same, voted twice for a Bush.

On the Bush Purity Scale, I am twice as conservative as you. And you are twice the GOPe hack that I am.

Just goin' by the record...

Tooconservative  posted on  2015-08-11   12:48:29 ET  Reply   Trace   Private Reply  


#117. To: TooConservative (#116)

You voted for Bush in 88, 92 and 2000. You can't add.

A K A Stone  posted on  2015-08-11   12:49:46 ET  Reply   Trace   Private Reply  


#118. To: TooConservative (#114)

"Trump and other developers had pushed to use eminent domain as Kelo later allowed in the late Nineties."

They failed. She was not evicted. Kelo was not used. Your statement was a lie.

Now, had you said "Trump and other developers had pushed to use eminent domain as Kelo later allowed in the late Nineties" you would have been correct. Of course that just doesn't have the impact that "evicted an old lady" does, now does it?

Kelo is now the law of the land. What would you expect a President Trump to do about that? Or any Republican President, for that matter?

misterwhite  posted on  2015-08-11   13:00:31 ET  Reply   Trace   Private Reply  


#119. To: A K A Stone (#115)

Find some better GOPe talking points.

The RINO's cannot face reality. What is happening is the rejection of them. RINO's don't need to think about Trump, they need to focus on how much they are hated on Main Street. When they make a habit of importing rapists and murderers from Mexico, shipping American industry to Red China, bailing out Goldman-Sachs and doig liberal bleeding heart humanitarian interventions overseas they earn contempt. I love how miserable Trump has made these GOPe dirt bags.

nativist nationalist  posted on  2015-08-11   13:02:27 ET  Reply   Trace   Private Reply  


#120. To: A K A Stone (#117)

I voted only for Dumbya in 2000.

You didn't even read my prior posts. Or you have a reading problem. I stated it clearly.

You are the GOPe/Bush hack (voted Bush 2 out of 4). I am twice as good as you are on this, having voted Bush only 1 out of 4 times.

Tooconservative  posted on  2015-08-11   13:04:39 ET  Reply   Trace   Private Reply  


#121. To: misterwhite (#118)

Now, had you said "Trump and other developers had pushed to use eminent domain as Kelo later allowed in the late Nineties" you would have been correct. Of course that just doesn't have the impact that "evicted an old lady" does, now does it?

Okay. So you're proud that Donald was on the leading edge of abusing eminent domain in trying to evict an old lady, years before Kelo was issued.

You do realize this makes Trump look even worse on eminent domain abuse and cruelty to poor old women trying to keep their property for themselves against some greedy tycoon who has publicly coveted his neighbor's property to take it for himself.

You shall not covet your neighbor's house. You shall not covet your neighbor's wife, or his manservant or maidservant, his ox or donkey, or anything that belongs to your neighbor. -- Exodus 20:17

Donald is a coveter and a commandment breaker.

Tooconservative  posted on  2015-08-11   13:11:24 ET  Reply   Trace   Private Reply  


#122. To: TooConservative (#121)

"You do realize this makes Trump look even worse on eminent domain abuse"

Failing to acquire her property is worse than acquiring her property? You're a piece of work.

If the truth was a worse revelation, then why lie about what Trump did? Are you going soft on The Donald?

misterwhite  posted on  2015-08-11   13:22:22 ET  Reply   Trace   Private Reply  


#123. To: TooConservative (#121)

"Donald is a coveter and a commandment breaker."

Technically those titles would have gone to the City of Atlantic City.

misterwhite  posted on  2015-08-11   13:24:23 ET  Reply   Trace   Private Reply  


#124. To: misterwhite (#122)

Failing to acquire her property is worse than acquiring her property? You're a piece of work.

He tried to abuse eminent domain long before Kelo.

Trump was a Kelo backer 8 years before it was decided. He tried to break the laws to abuse eminent domain and take a widow's property away for himself.

A coveter by any definition.

Tooconservative  posted on  2015-08-11   13:40:38 ET  Reply   Trace   Private Reply  


#125. To: misterwhite (#97)

She voluntarily moved to a retirement home in 2010 and sold her house last year for $530,000 -- 1/4 of what Trump offered 8 years earlier.

The Coking house was bought at auction (reserve $199,000) by Carl Icahn who had it demolished.

nolu chan  posted on  2015-08-11   14:07:02 ET  Reply   Trace   Private Reply  


#126. To: nativist nationalist (#119) (Edited)

The RINO's cannot face reality. What is happening is the rejection of them. RINO's don't need to think about Trump, they need to focus on how much they are hated on Main Street. When they make a habit of importing rapists and murderers from Mexico, shipping American industry to Red China, bailing out Goldman-Sachs and doig liberal bleeding heart humanitarian interventions overseas they earn contempt.

I love how miserable Trump has made these GOPe dirt bags.

Bears repeating.

Trump is the US Navy at Midway. Destroying the best of the GOPe fleet.

EDIT: I'm expecting the GOPe, Dems, and Media Axis of Evil to get desperately "creative" in sinking Trump soon, or else they are finished.

Liberator  posted on  2015-08-11   14:14:50 ET  Reply   Trace   Private Reply  


#127. To: TooConservative (#121)

Donald is a coveter and a commandment breaker.

So is everyone else.

EXCEPT, those "coveters and a commandment breakers" who've been elected to help enforce and preserve the US Constitution are also...TRAITORS.

Why isn't it better that Trump shovel dirt on the GOPe so that REAL Republican-Conservative legislators can advance the conservative agenda, and *its* policies finally implemented? OR, should we just wait until the GOP and Dems *officially* merge as one Evil Empire?

Liberator  posted on  2015-08-11   14:22:47 ET  Reply   Trace   Private Reply  


#128. To: Liberator (#126)

Trump is the US Navy at Midway. Destroying the best of the GOPe fleet.

Can you picture a bunch of RINO consultants at a strategy meeting. "Hmmm, I don't get it. We keep stabbing Republican voters in the back, and we've really ramped up the importation of democrat voters. But for some strange reason we keep losing market share."

And they decide "Let's import more democrats!" This is the kind of idiocy that has been surprised by the Trump insurgency. Stupid is is RINO does, same for their bootlickers.

nativist nationalist  posted on  2015-08-11   14:30:54 ET  Reply   Trace   Private Reply  


#129. To: TooConservative (#124)

"Trump was a Kelo backer 8 years before it was decided."

So you admit he was a visionary businessman. I agree.

misterwhite  posted on  2015-08-11   14:37:50 ET  Reply   Trace   Private Reply  


#130. To: nolu chan (#125)

"The Coking house was bought at auction (reserve $199,000) by Carl Icahn who had it demolished."

I'm sure her children blew through that money in a year. Meanwhile, she's in some retirement home when she could be living in Palm Beach on one of Trump's properties (for free) with $1.9 million in the bank.

That shows you just how cruel and heartless Trump was.

misterwhite  posted on  2015-08-11   14:42:40 ET  Reply   Trace   Private Reply  


#131. To: nativist nationalist (#128)

Can you picture a bunch of RINO consultants at a strategy meeting. "Hmmm, I don't get it. We keep stabbing Republican voters in the back, and we've really ramped up the importation of democrat voters. But for some strange reason we keep losing market share."

LOL..."But...It worked fabulously with Palin!" SNL is afraid to Lampoon Trump because his approval rating might rise even higher.

And they decide "Let's import more democrats!" This is the kind of idiocy that has been surprised by the Trump insurgency. Stupid is is RINO does, same for their bootlickers.

Ha, YEP! "Screw the base...they'll never....um...WAIT?? It that Trump carrying off OUR sheep??"

The useless, unprincipled, feckless GOPe LOVES losing main elections but HATES losing primaries. It's ALL about POWER.

Liberator  posted on  2015-08-11   14:45:48 ET  Reply   Trace   Private Reply  


#132. To: Liberator (#127)

Why isn't it better that Trump shovel dirt on the GOPe so that REAL Republican-Conservative legislators can advance the conservative agenda, and *its* policies finally implemented?

You really are delusional. You're just daydreaming now. Nothing about Trump could possibly inspire such confidence.

You sound giddy. Or drunk.

Tooconservative  posted on  2015-08-11   14:47:34 ET  Reply   Trace   Private Reply  


#133. To: TooConservative, misterwhite, A K A Stone (#114)

He tried to use eminent domain exactly as Kelo did.

Trump was trying to use eminent domain under existing law.

Kelo affirmed Berman (1954) and Midkiff (1984).

https://supreme.justia.com/cases/federal/us/545/469/

Kelo v. New London, 545 U.S. 469 (2005)

SYLLABUS
OCTOBER TERM, 2004
KELO V. NEW LONDON

SUPREME COURT OF THE UNITED STATES

KELO et al. v. CITY OF NEW LONDON et al.

certiorari to the supreme court of connecticut

No. 04–108.Argued February 22, 2005—Decided June 23, 2005

After approving an integrated development plan designed to revitalize its ailing economy, respondent city, through its development agent, purchased most of the property earmarked for the project from willing sellers, but initiated condemnation proceedings when petitioners, the owners of the rest of the property, refused to sell. Petitioners brought this state-court action claiming, inter alia, that the taking of their properties would violate the “public use” restriction in the Fifth Amendment’s Takings Clause. The trial court granted a permanent restraining order prohibiting the taking of the some of the properties, but denying relief as to others. Relying on cases such as Hawaii Housing Authority v. Midkiff, 467 U. S. 229, and Berman v. Parker, 348 U. S. 26, the Connecticut Supreme Court affirmed in part and reversed in part, upholding all of the proposed takings.

Held: The city’s proposed disposition of petitioners’ property qualifies as a “public use” within the meaning of the Takings Clause. Pp. 6–20.

(a) Though the city could not take petitioners’ land simply to confer a private benefit on a particular private party, see, e.g., Midkiff, 467 U. S., at 245, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals,” ibid. Moreover, while the city is not planning to open the condemned land—at least not in its entirety—to use by the general public, this “Court long ago rejected any literal requirement that condemned property be put into use for the … public.” Id., at 244. Rather, it has embraced the broader and more natural interpretation of public use as “public purpose.” See, e.g., Fallbrook Irrigation Dist. v. Bradley, 164 U. S. 112, 158–164. Without exception, the Court has defined that concept broadly, reflecting its longstanding policy of deference to legislative judgments as to what public needs justify the use of the takings power. Berman, 348 U. S. 26; Midkiff, 467 U. S. 229; Ruckelshaus v. Monsanto Co., 467 U. S. 986. Pp. 6–13.

(b) The city’s determination that the area at issue was sufficiently distressed to justify a program of economic rejuvenation is entitled to deference. The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue. As with other exercises in urban planning and development, the city is trying to coordinate a variety of commercial, residential, and recreational land uses, with the hope that they will form a whole greater than the sum of its parts. To effectuate this plan, the city has invoked a state statute that specifically authorizes the use of eminent domain to promote economic development. Given the plan’s comprehensive character, the thorough deliberation that preceded its adoption, and the limited scope of this Court’s review in such cases, it is appropriate here, as it was in Berman, to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because that plan unquestionably serves a public purpose, the takings challenged here satisfy the Fifth Amendment. P. 13.

(c) Petitioners’ proposal that the Court adopt a new bright-line rule that economic development does not qualify as a public use is supported by neither precedent nor logic. Promoting economic development is a traditional and long accepted governmental function, and there is no principled way of distinguishing it from the other public purposes the Court has recognized. See, e.g., Berman, 348 U. S., at 24. Also rejected is petitioners’ argument that for takings of this kind the Court should require a “reasonable certainty” that the expected public benefits will actually accrue. Such a rule would represent an even greater departure from the Court’s precedent. E.g., Midkiff, 467 U. S., at 242. The disadvantages of a heightened form of review are especially pronounced in this type of case, where orderly implementation of a comprehensive plan requires all interested parties’ legal rights to be established before new construction can commence. The Court declines to second-guess the wisdom of the means the city has selected to effectuate its plan. Berman, 348 U. S., at 26. Pp. 13–20.268 Conn. 1, 843 A. 2d 500, affirmed.

https://supreme.justia.com/cases/federal/us/348/26/case.html

U.S. Supreme Court

Berman v. Parker, 348 U.S. 26 (1954)

Berman v. Parker

No. 22

Argued October 19, 1954

Decided November 22, 1954

348 U.S. 26

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Syllabus

The District of Columbia Redevelopment Act of 1945 is constitutional, as applied to the taking of appellants' building and land (used solely for commercial purposes) under the power of eminent domain pursuant to a comprehensive plan prepared by an administrative agency for the redevelopment of a large area of the District of Columbia so as to eliminate and prevent slum and substandard housing conditions -- even though such property may later be sold or leased to other private interests subject to conditions designed to accomplish these purposes. Pp. 348 U. S. 28-36.

[...]

https://supreme.justia.com/cases/federal/us/467/229/case.html

U.S. Supreme Court

Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984)

Hawaii Housing Authority v. Midkiff

No. 83-141

Argued March 26, 1984

Decided May 30, 1984*

467 U.S. 229

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

To reduce the perceived social and economic evils of a land oligopoly traceable to the early high chiefs of the Hawaiian Islands, the Hawaii Legislature enacted the Land Reform Act of 1967 (Act), which created a land condemnation scheme whereby title in real property is taken from lessors and transferred to lessees in order to reduce the concentration of land ownership. Under the Act, lessees living on single-family residential lots within tracts at least five acres in size are entitled to ask appellant Hawaii Housing Authority (HHA) to condemn the property on which they live. When appropriate applications by lessees are filed, the Act authorizes HHA to hold a public hearing to determine whether the State's acquisition of the tract will "effectuate the public purposes" of the Act. If HHA determines that these public purposes will be served, it is authorized to designate some or all of the lots in the tract for acquisition. It then acquires, at prices set by a condemnation trial or by negotiation between lessors and lessees, the former fee owners' "right, title, and interest" in the land, and may then sell the land titles to the applicant lessees. After HHA had held a public hearing on the proposed acquisition of appellees' lands and had found that such acquisition would effectuate the Act's public purposes, it directed appellees to negotiate with certain lessees concerning the sale of the designated properties. When these negotiations failed, HHA ordered appellees to submit to compulsory arbitration as provided by the Act. Rather than comply with this order, appellees filed suit in Federal District Court, asking that the Act be declared unconstitutional and that its enforcement be enjoined. The court temporarily restrained the State from proceeding against appellees' estates, but subsequently, while holding the compulsory arbitration and compensation formulae provisions of the Act unconstitutional, refused to issue a preliminary injunction and ultimately granted partial summary judgment to HHA and private appellants who had intervened, holding

Page 467 U. S. 230

the remainder of the Act constitutional under the Public Use Clause of the Fifth Amendment, made applicable to the States under the Fourteenth Amendment. After deciding that the District Court had properly not abstained from exercising its jurisdiction, the Court of Appeals reversed, holding that the Act violates the "public use" requirement of the Fifth Amendment.

Held:

1. The District Court was not required to abstain from exercising its jurisdiction. Pp. 467 U. S. 236-239.

(a) Abstention under Railroad Comm'n v. Pullman Co., 312 U. S. 496, is unnecessary. Pullman abstention is limited to uncertain questions of state law, and here there is no uncertain question of state law, since the Act unambiguously provides that the power to condemn is "for a public use and purpose." Thus, the question, uncomplicated by ambiguous language, is whether the Act, on its face, is unconstitutional. Pp. 467 U. S. 236-237.

(b) Nor is abstention required under Younger v. Harris, 401 U. S. 37. Younger abstention is required only when state court proceedings are initiated before any proceedings of substance on the merits have occurred in federal court. Here, state judicial proceedings had not been initiated at the time proceedings of substance took place in the District Court, the District Court having issued a preliminary injunction before HHA filed its first state eminent domain suit in state court. And the fact that HHA's administrative proceedings occurred before the federal suit was filed did not require abstention, since the Act clearly states that those proceedings are not part of, or are not themselves, a judicial proceeding. Pp. 467 U. S. 237-239.

2. The Act does not violate the "public use" requirement of the Fifth Amendment. Pp. 467 U. S. 239-244.

(a) That requirement is coterminous with the scope of a sovereign's police powers. This Court will not substitute its judgment for a legislature's judgment as to what constitutes "public use" unless the use is palpably without reasonable foundation. Where the exercise of the eminent domain power is rationally related to a conceivable public purpose, a compensated taking is not prohibited by the Public Use Clause. Here, regulating oligopoly and the evils associated with it is a classic exercise of a State's police powers, and redistribution of fees simple to reduce such evils is a rational exercise of the eminent domain power. Pp. 467 U. S. 239-243.

(b) The mere fact that property taken outright by eminent domain is transferred in the first instance to private beneficiaries does not condemn that taking as having only a private purpose. Government does not itself have to use property to legitimate the taking; it is only the taking's purpose, and not its mechanics, that must pass scrutiny under

Page 467 U. S. 231

the Public Use Clause. And the fact that a state legislature, and not Congress, made the public use determination does not mean that judicial deference is less appropriate. Pp. 467 U. S. 243-244.

702 F.2d 788, reversed and remanded.

nolu chan  posted on  2015-08-11   14:53:57 ET  Reply   Trace   Private Reply  


#134. To: nolu chan (#133)

Regardless, Trump did not prevail in his attempt to use eminent domain to seize an old widow's property.

Tooconservative  posted on  2015-08-11   14:58:46 ET  Reply   Trace   Private Reply  


#135. To: TooConservative (#134)

"Trump did not prevail in his attempt to use eminent domain to seize an old widow's property."

And who wants a loser as President?

I want someone who was successful at seizing an old widow's property and evicting her.

U S A! U S A!

misterwhite  posted on  2015-08-11   15:11:06 ET  Reply   Trace   Private Reply  


#136. To: misterwhite (#135)

I want someone who was successful at seizing an old widow's property and evicting her.

U S A! U S A!

I have no objections if you fly your true colors.

Goes nicely with your every-cop-shooting-is-a-good-shooting posts.

Tooconservative  posted on  2015-08-11   15:13:29 ET  Reply   Trace   Private Reply  


#137. To: TooConservative (#132)

Nothing about Trump could possibly inspire such confidence.

The issue is lack of confidence in the GOPe. If you guys had not made a habit of stabbing Republican voters in the back you would not be facing this dilemma. Your chickens are coming come to roost RINO boy.

nativist nationalist  posted on  2015-08-11   15:25:25 ET  Reply   Trace   Private Reply  


#138. To: nativist nationalist (#137)

If you guys had not made a habit of stabbing Republican voters in the back you would not be facing this dilemma. Your chickens are coming come to roost RINO boy.

My goodness, you've certainly told off that GOPe cabal now. Me and Mitch and John B.

Tell ya what, I'll convey your insults to Mitch and John the next time we have cocktails with the Chamber, okay?

Tooconservative  posted on  2015-08-11   15:41:12 ET  Reply   Trace   Private Reply  


#139. To: TooConservative (#132)

You really are delusional. You're just daydreaming now. Nothing about Trump could possibly inspire such confidence.

With the fleet of the USS GOPe exposed for what it actually is by Trump, then ravaged, discredited, and set afire, it does kinda open the door for conservatives candidates -- as well someone like Cruz to lead what was a pirated RNC-GOP leadership. Even IF Trump doesn't make it.

Frankly, many of us have been waiting for the Vichy GOPe wing to be crushed and humiliated for the worms and slugs they are. If not, the Republican Party would remain for all perpetuity the "JV" for the Dem Party and Globalists.

Meanwhile wearing your rose-colored glasses isn't helping by any measure of reality or sanity. Why pretend as though the GOPe will do ANYTHING to help save a nation that's extremely close to its expiration date?

Liberator  posted on  2015-08-11   15:54:42 ET  Reply   Trace   Private Reply  


#140. To: TooConservative (#134)

Regardless, Trump did not prevail in his attempt to use eminent domain to seize an old widow's property.

Just to be accurate, Trump was not the actual Plaintiff. That was, "Casino Reinvestment Development Authority, a public corporate body of the State of New Jersey." The CRDA wanted Trump's redevelopment plan to be implemented.

http://caselaw.findlaw.com/nj-superior-court/1349001.html

Superior Court of New Jersey, Law Division, Atlantic County.

CASINO REINVESTMENT DEVELOPMENT AUTHORITY, a public corporate body of the State of New Jersey, Plaintiff, v. Josef BANIN and Mrs. Josef Banin, his wife; Peter Banin; Golden Island; Anatoly Kovayrenko t/a Golden Island; City of Atlantic City, Atlantic City Municipal Utilities Authority; State of New Jersey; L. Norman Markowitt and Margaret Markowitt, his wife; and Atlantic City Electric Company, Defendants.

Casino Reinvestment Development Authority, a public corporate body of the State of New Jersey, Plaintiff, v. Raymond Coking and Vera Coking, his wife; Barbara Torpey; Heritage Bank, N.A.; Atlantic City Medical Center; Commercial Banking Corporation; Fidelity Union Trust: Company; Atlantic City Electric Company; City of Atlantic City, Atlantic City Municipal Utilities Authority; and State of New Jersey, Defendants.

Casino Reinvestment Development Authority, a public corporate body of the State of New Jersey, Plaintiff, v. Vincent Sabatini and Clara Sabatini, his wife; Anna Bloh; Boardwalk Properties, Inc.; City of Atlantic City; Atlantic City Municipal Utilities Authority; State of New Jersey; and Atlantic City Electric Company, Defendants.

Decided: July 20, 1998

nolu chan  posted on  2015-08-11   18:12:26 ET  Reply   Trace   Private Reply  


#141. To: TooConservative (#120)

You didn't even read my prior posts. Or you have a reading problem. I stated it clearly.

I read them. I just don't believe you. Since you were ashamed of who you voted for.

Just like when Trump documentd his assets and two minutes later you didn't believe it.

A K A Stone  posted on  2015-08-11   18:15:08 ET  Reply   Trace   Private Reply  


#142. To: Liberator (#139)

With the fleet of the USS GOPe exposed for what it actually is by Trump, then ravaged, discredited, and set afire, it does kinda open the door for conservatives candidates -- as well someone like Cruz to lead what was a pirated RNC-GOP leadership. Even IF Trump doesn't make it.

As for actual conservative policy, Trump is nothing but a huge distraction.

He sucks the air out of the policy debates entirely. It's all just The Donald Show, all the time.

Lindsey Graham could (finally) walk out on stage in spike heels and a little black cocktail dress with pearl necklace and earrings and announce he is now a woman and the press would just ask him some drivel about Donald Trump.

All Trump, all the time.

Tooconservative  posted on  2015-08-11   20:59:16 ET  Reply   Trace   Private Reply  


#143. To: A K A Stone (#141)

Just like when Trump documentd his assets and two minutes later you didn't believe it.

I didn't believe it because Trump has been lying about it for years according to the financial press.

Tooconservative  posted on  2015-08-11   21:00:19 ET  Reply   Trace   Private Reply  


#144. To: nolu chan (#140)

Just to be accurate, Trump was not the actual Plaintiff. That was, "Casino Reinvestment Development Authority, a public corporate body of the State of New Jersey." The CRDA wanted Trump's redevelopment plan to be implemented.

So Trump used a corporate semi-public shell corporation as he coveted and tried to seize the assets of some poor old widow.

That really does sound so much better that he hid behind a phony corporate front when trying to legally steal what an old widow inherited from her husband.

Tooconservative  posted on  2015-08-11   21:02:22 ET  Reply   Trace   Private Reply  


#145. To: TooConservative (#143)

I didn't believe it because Trump has been lying about it for years according to the financial press.

Isn't it a felony to lie about your financial data in a Presidential race?

I'm sure he knows better then them.

A K A Stone  posted on  2015-08-11   21:05:20 ET  Reply   Trace   Private Reply  


#146. To: A K A Stone (#145)

Isn't it a felony to lie about your financial data in a Presidential race?

No. They don't have to declare their assets at all. It is usual to do so in the modern era but not required.

Tooconservative  posted on  2015-08-11   21:19:05 ET  Reply   Trace   Private Reply  


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