The Supreme Court declined certiorari for other reasons in the case of Lisa Olivia Leonard v. Texas, but Justice Clarence Thomas in a separate concurrence took the opportunity to challenge whether the Court’s historic toleration of forfeiture as consistent with the Constitution is at this point consistent either with modern standards of due process or with modern police practices, which resort to forfeiture on a far broader scale than before. [Adam Bates, Cato; daily orders include Thomas opinion]
3 Comments
When an Originalist talks about inconsistency with modern standards to challenge a doctrine, you know that doctrine is pretty awful.
He’s become a regular chatterbox since Scalia died.
Best. Justice. Ever.