L C & S, Inc. v. Warren County Area Plan Commission

POSNER, Circuit Judge.

“Legislative due process” seems almost an oxymoron. Legislation is prospective in effect and, more important, general in its application. Its prospective character enables the persons affected by it to adjust to it in advance. Its generality offers further, and considerable, protection to any individual or organization that might be the legislature’s target by imposing costs on all others who are within the statute’s scope. The prospect of such costs incites resistance which operates to protect what might otherwise be an isolated, vulnerable, politically impotent target…