Friday, February 13, 2026

Justice Thomas on the "Most Natural Reading" of Public Use

                                 Picture of Justice Thomas at Nebraska Law a Few Years Ago

 

Here is the most natural meaning of the term "public use" according to Justice Thomas:

"The most natural reading of the Clause is that it allows the government to take property only if the government owns, or the public has a legal right to use, the property,as opposed to taking it for any public purpose or necessity whatsoever." 545 U.S. at 508 (edited from casebook).

Under this interpretation, how do Berman, Midkiff and Kelo come out?