Justice John Paul Stevens, the author of the controversial “Kelo” decision has announced that he will retire this decision. In Kelo v. City of New London, the US Supreme Court ruled that it was not unconstitutional to condemn private property for economic development and transfer ownership of the property to another private party. That opinion set off a huge backlash that exists to some extent today.

Stevens has since stated that, although he believes that the ruling was legally correct, the opinion was "entirely divorced from my judgment concerning the wisdom of the program." It is safe to assume that President Obama’s nominee will be asked about his/her opinion regarding eminent domain.