The eminent domain plan simply lies about the value of a mortgage, saying it's worth less than not only best accounting practice but the market value required for their plan to work. Kelo doesn't apply because using a clearly unfair valuation in eminent domain is directly against the Constitution.

I don't disagree, but the definition of "clearly unfair" floats on the whims of Justice Kennedy.

Only a small fraction of constitutional disputes end in a 5-4 decision, and the ideological divides in those opinions are narrower than op-ed writers would have you believe.

indeed.