Kennedy joins the majority and stresses pretext scrutiny
Anthony M. KennedySupreme Court associate justice, writing a concurrence
Kennedy joins the majority and writes that courts must strike down takings clearly intended to favor a particular private party with only incidental or pretextual public benefits.
“transfers intended to confer benefits on particular, favored private entities, and with only incidental or pretextual public benefits, are forbidden by the Public Use Clause.”
Original text
Where this statement fits
Kelo v. New London: Taking homes for private redevelopment
The Supreme Court upheld New London's use of eminent domain for an economic-redevelopment plan. The majority treated the plan as a public purpose; dissenters warned that the rule exposed ordinary owners to transfers favoring more powerful private interests.
Source and context
Original text
About this source
The page includes the syllabus, Stevens majority, Kennedy concurrence and O'Connor and Thomas dissents. The opinions differ over public use and private redevelopment.
Archived copy (opens in a new tab)Before the quotation
Kennedy joins the Court's opinion and notes that takings are reviewed under a deferential rational-basis standard.
After the quotation
He says courts should strike down a taking clearly shown to favor a particular private party, and concludes that no such circumstances are present in New London's case.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is New London's private economic-redevelopment taking. Kennedy defends the New London result while explaining that courts must reject takings intended to favor a private party with only pretextual public benefits.
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More from this case
Read the full caseSomin criticizes Kelo on its twentieth anniversary
“Kelo was wrongly decided from the standpoint of prominent versions of both originalism and living constitution theory.”Read statement
Thomas dissents, saying Kelo ignores the Public Use Clause's original meaning
“Today’s decision is simply the latest in a string of our cases construing the Public Use Clause to be a virtual nullity, without the slightest nod to its original meaning.”Read statement
O'Connor warns that more lucrative uses can displace owners
“Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”Read statement
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The Dispute Index. "Kennedy joins the majority and stresses pretext scrutiny". First published: 2026-10-19. Last updated: 2026-10-19. https://disputeindex.com/events/6047-kennedy-joins-the-majority-and-writes-that-courts