(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)
Would shrinking the Supreme Court to six members reduce “judicial activism”? The Center for Judicial Engagement’s Evan Bernick critiques a provocative proposal by Professor Michael Stokes Paulsen. Read it here.
Last week on the podcast: IJ Senior Attorney Robert McNamara joined the panel and talked a trio of Posner opinions.
In May 2016, Navajo County, Ariz., police seized Terry and Ria Platt’s car, which they had lent to their son. Prosecutors moved to forfeit the car despite the fact that their son’s alleged misdeeds — possessing cash and a small amount of marijuana — do not give rise to forfeiture in Arizona. After the prosecutors told the court that the Platts had never filed a claim seeking the return of the vehicle (they had), the Platts filed a constitutional challenge to Arizona’s forfeiture regime. And this week, prosecutors agreed to return the car. Huzzah! Nevertheless, the prosecutors have a seven-year window to refile the forfeiture action, and they maintain that their actions were completely legal. Thus, the Platts’ suit must go on to protect themselves and so that other innocent property owners do not suffer the same abuses. Read more here.