Souter's Just Desserts?

A hotel could’ve been built on Supreme Court Justice David H. Souter’s farm in Weare, NH upon a developer’s request to acquire it via ‘eminent domain’ - yet another term (e.g., democracy, 435, etc.) not in the US Constitution. The “Kelo vs. City of New London” decision supported by Justice Souter proffered this travesty. A private developer evoked Kelo (contrary to the letter and Spirit of our 5th Amendment Civil Right to limit government takings) to build a hotel on Souter’s land. It was the first widespread (just or unjust?) retaliation against one of the more soviet-style, authoritarian Justices I could recall in my lifetime. Little wonder why judges are increasingly more fearful of retaliation as their cancerous [dare I type ‘living document’ babble] decisions metastasize into more virulent results.

Appointed by Comrade George H. W. Bush in 1990, Justice Souter’s marginal vote enabled government takings from one private owner, redistributing their property to another private entity/owner. In the Kelo case, all a government(s) has to assert is the taking will generate greater tax revenue/economic benefits. Of course, contrary to our 5th Amendment Civil Right, tax revenue is NOT a stated purpose. Revenue for what…more subsidized big pharmaceutical parasites like Pfizer? Little wonder Comrade Trump adored accomplished parasites like Dr. Pfizer - I mean. Fauci and Dr. Gottlieb in the FDA revolving door.

In response to this pro-soviet ruling, Logan Clements requested the Weare code enforcement officer begin the application process to build a hotel on 34 Cilley Hill Road where Souter’s home was located. Clements, CEO of Freestar Media, LLC asserted the City of Weare will certainly gain greater tax revenue/economic benefit with a hotel on 34 Cilley Hill than allowing Mr. Souter to continue owning his land. The proposed development, dubbed “The Lost Liberty Hotel” would feature the “Just Desserts Cafe” and include a public museum featuring a permanent exhibit on our loss of freedom. Clements further asserted the hotel must be built on this particular piece of land because it is a unique site being the home of someone largely responsible for destroying US property rights.

Clements made clear his effort was not a prank. If the Towne of Weare voted to (mis)use the power of eminent domain to take Souter’s farm he planned to begin Lost Liberty Hotel development with capital from wealthy pro-liberty investors and architects. Clements hoped regular hotel customers be IJ [Institute for Justice] supporters and other libertarian, small government enthusiasts who champion the Constitution. Sadly, the IJ didn’t argue the case correctly - i.e., the stated ‘public purpose’ must be met or possession returns to the owner. It was clear this taking for Pfizer did NOT raise revenue. A case in Alabama to stop this sort of misuse of eminent domain was blocked for over a decade by soviet jurists like Anderson, Dubina, Thompson, et al along with politburo members like Lowell Barron, Jimmy Butts, Ted Little, Bob Riley, Jeff Sessions, Don Siegleman, Richard Shelby, Terri Sewell, et al public servants who’ve shown such great disregard for our civil rights.

Defeated by voters 3 to 1, Justice Souter’s property was not condemned/confiscated displaying voters (when allowed) can be more educated and righteous than crony, parasitic developers and highly degreed/under educated soviet justices installed by our duopoly parties. A 2019 column explaining corrupt politburo members who seem to enjoy taking ‘other peoples’ property’ (from Butts to Sewell) can be found at: https://www.alabamagazette.com/story/2019/11/01/opinion/a-coward-dies-a-thousand-deaths-i-wish-it-were-so-few/1770.html. Hard to name a bigger champion of Kelo style eminent domain abuse than big government democrat (yes, I know he’s currently ‘donning’ the Red soviet jersey) than DJT. Not to say one can’t observe similar parasites from their county probate judge, corrupt developers on their city council and county commission to Montgomery all the way up to Moscow on the Potomac. In this arena, Trump has proven his ‘lawfare’ skills. Can’t imagine anyone denying Comrade Trump’s effectiveness as a parasite - esp. after closing his first 100 days ‘productivity’ on par with FDR. This does not make Trump a world class businessman. It does explain ‘parasite envy’ of Musk, et al types… hard to come up with a more prolific eminent domain abuser across the States than Wal-Mart.

Souter died at 85. He left SCotUS when 69 to be replaced by another over degreed/under educated soviet jurist, Sotomayor who’s shown no problem trampling upon our civil rights. Souter has shown his flawed ‘living document’ babble in contrast to Scalia’s ‘originalist intent’ on other decisions, most notable Planned Parenthood and Bush v. Gore highlighting Souter’s poor understanding of the design, letter and Spirit of our Constitution. Of course this was another time Comrade Trump (when in the Clinton Kabuki Theatre troupe) displayed his over-degreed/under educated understanding of the Constitution shoulder to shoulder with Hillary calling for abolishing the Electoral College instead of restoring a representative House.

As for just desserts, I’m reminded of Psalm 109:8’s plea for God’s justice, “Let his days be few; and let another take his office,” referenced in Acts 1:20 by Peter to replace the corrupt apostle Judas. A jurist like Souter who enabled the corrupt to skim from the people must face the Ultimate Judge as did Judas for his corruption described in John 12:6. Indeed reassuring all must go through Jesus in their final judgment before God - a task I wouldn’t want put upon any person of this world.

In closing, I also remember (however poorly I may translate his Greek) my paternal grandfather and my namesake saying, “I know vengeance is His and I pray He doesn’t mind my cheering while He’s taking it!” Souter’s personal papers will be made public 50 years after his death... perhaps they will justify his decisions.

Postscript: typing on another Memorial Day weekend, I’d like to applaud the Auburn University event on Cater Lawn (I taught many years for the Honours College) in remembrance of the 50th Anniversary of ending US military deployment in the Vietnam conflict. Two native sons of East Alabama from my church were honoured with a picture and short narrative on the walkway at Cater Hall; Sgt. James Hughley: https://www.youtube.com/watch?v=jVO6b_CI2L4 and Staff Sgt. Wilbert D. Payne, Jr. https://www.youtube.com/watch?v=f_-fyfvL5Lo. These link to their oral history and are indeed worthy of remembrance along with 1,208 flags for the Alabamians who sacrificed their lives in Vietnam… I pray we may one day live up to such sacrifice. Perhaps after 80 years, a good start would be for Congress to do their job and declare war with a defined goal before yet another long-term deployment/military conflict. I’m haunted by Congressman Ron Paul’s observation, “Once we stopped declaring ‘em; we stopped winning ‘em…”

THE VIEWS OF SUBMITTED EDITORIALS MAY NOT BE THE EXPRESS VIEWS OF THE ALABAMA GAZETTE.