The case involved an easement taken by eminent domain to test Red Line cars. (EDWARD ORDE/WIKIMEDIA COMMONS) An easement that the Massachusetts Department of Transportation took to use property in South Boston to test Red Line cars exceeded the scope of an easement taken years earlier by its predecessor in interest, the Supreme Judicial Court
Overturning yet another longstanding precedent would not only threaten the ability of federal agencies to act based on expertise but also further erode the court’s legitimacy.