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?