July 14, 2009

Where’s Her Empathy?

Sen. Grassley or the next Republican to question Sotomayor should draw a comparison between her property rights decision in Didden and the Supreme Court’s Ledbetter ruling, upholding a statute of limitations defense to Lilly Ledbetter’s pay discrimination claim. Democrats have repeatedly called the Ledbetter decision an outrage because of its narrow reading of the statute of limitations. Doesn’t the same logic apply to Sotomayor’s narrow use of the statute of limitations to throw out Mr. Didden’s claim that extortion is not what the Founders had in mind when they included “for public use” in the Fifth Amendment’s Takings Clause?

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