It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.

Summary

This quote highlights the contrasting priorities between conservatives and liberals regarding issues like property and equality. While it acknowledges that conservatives are not necessarily focused on cherishing equality as much as liberals, it argues that the takings clause is their preferred means of advancing their ideological agenda through judicial activism. This is compared to how conservatives often accuse liberals of misusing the equal protection clause to advance their own agenda. In essence, the quote suggests that both sides may adopt different clauses as tools to champion their respective ideologies.

Topics