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Wayne Doubletree Resident (75.90.245.10) on 11/28/2018 - 10:26 p.m. says: ( 254 views , 7 likes )

"LOL and Gorsuch telling him you're wasting our time dude . . . "

Edited by Author at 11/28/2018 - 10:28 p.m.
Message Replied To ==========

Breyer brings out the absurd from the government's lawyer . . .

https://reason.com/blog/2018/11/28/breyer-destroyed-civil-asset-forfeiture

Indeed, that's one of the issues that came up during Wednesday's oral arguments. After Justice Neil Gorsuch and Justice Elena Kagan had already slapped Indiana Solicitor General Thomas Fisher around a little bit, Justice Stephen Breyer stepped up to deliver the coup de grace to the government's argument that unlimited asset forfeiture is constitutional.

Here's how he set the trap:

Breyer is literally mocking the government's position, but Fisher has to play along with the line of argument. First, Fisher tries to deflect the issue by claiming that a car caught in the act of speeding and a car caught in the act of carrying drugs are two different things. But Breyer blocks that escape and forces Fisher to address the question.

He doesn't handle it well.

And there it is. Defending civil asset forfeiture means defending the government's power to seize your car if you were going 5 miles-per-hour over the speed limit.

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"The authority of government, even such as I am willing to submit to — for I will cheerfully obey those who know and can do better than I, and in many things even those who neither know nor can do so well — is still an impure one: to be strictly just, it must have the sanction and consent of the governed. It can have no pure right over my person and property but what I concede to it. The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual. Even the Chinese philosopher was wise enough to regard the individual as the basis of the empire. Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly. I please myself with imagining a State at least which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose if a few were to live aloof from it, not meddling with it, nor embraced by it, who fulfilled all the duties of neighbors and fellow-men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which also I have imagined, but not yet anywhere seen."



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