The Court seems very likely to rule that the Excessive Fines Clause of the Eighth Amendment applies to state governments, and that at least some asset forfeitures violate the Clause. Potentially a big win for property rights and civil liberties.
The case both addresses important legal issues, and could have substantial practical implications.
The Court could strike a major blow for civil asset forfeiture reforms in the states and finally do away with an awful double jeopardy loophole.
The U.S. Constitution was signed on this day 231 years ago.
The case will decide whether the Excessive Fines Clause of the Eighth Amendment applies to the states. If so, it will also have to address how much it restricts asset forfeiture.
Prof. Michael Mannheimer and I have coauthored an op ed explaining why the Bill of Rights limits federal power over immigration, and renders Trump's travel ban unconstitutional.
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
What the 2nd Circuit’s opinion in
U.S. v. Tigano reveals about the state of our criminal justice system
At the country's founding, there were no walls to stop people from coming ashore and few rules to stop anyone from trying out new ideas.
A new bill may end this absurd practice
"I tend to err on the side of security, I must tell you."
One of the most vocal civil libertarians of the past century has died.
Here's to another 225 years.
Her positions on gun ownership and political speech are at odds with the Bill of Rights.
It's not irrational to have lost faith in government.
The Bill of Rights largely embodied uncontroversial traditional rights of Englishmen.
The Kentucky senator says his GOP rival fails to understand, "You can use the Fourth Amendment and still get terrorists."
Congress passed the Bill of Rights 225 years ago today. Why the struggle for food freedom is at the heart of those amendments.