The U.S. Supreme Court has declined to revisit its controversial decision in Kelo v. City of New London. In Goldstein v. Pataki, property owners challenged the project in Brooklyn known as the Atlantic Yards Arena and Redevelopment Project. The properties were condemned for a new basketball arena for the New Jersey Nets as well as high rise apartments and office buildings.

The challengers to the project argued that the purpose of the project was improper and raise some of the issues that were raised by the Kelo decision and the response to the Kelo decision. The justices, without comment, refused to hear the argument that the seizure of their property would violate the United States Constitution. Justice Alito, however, noted that he wanted to hear the case.
This was one of the first opportunities for the United States Supreme Court to address many of the issues that were raised by Kelo and its backlash. However, the Supreme Court – which as two new justices since the Kelo decision – decline to consider these issues in this context.