Sotomayor and Gorsuch Signal Police Power Concerns

Supreme Court justices Sotomayor and Gorsuch raise serious concerns about police power in Chicago's vehicle confiscation program.

7 cards · 1m 10s · tap to begin

From · · 1m 10s

Sotomayor and Gorsuch Signal Police Power Concerns

Supreme Court justices Sotomayor and Gorsuch raise serious concerns about police power in Chicago's vehicle confiscation program.

In brief

Supreme Court justices Sotomayor and Gorsuch raise serious concerns about police power in Chicago's vehicle confiscation program. Sotomayor and Gorsuch join in declining to hear Chicago's vehicle confiscation case, citing concerns about police power and takings claims. Originally reported by Newsweek.

Supreme Court Denies Review

The Supreme Court denied review of O'Donnell v. City of Chicago, a case challenging Chicago's vehicle confiscation policy.

Police Power Concerns

Sotomayor and Gorsuch expressed serious concerns about police power in cases involving state takings claims.

Case Background

Case Background

The case involved Chicago's policy of impounding vehicles after unpaid parking tickets and selling them without refunding the surplus.

Sotomayor's Statement

Sotomayor urged courts to carefully define when state police powers are exempt from just compensation requirements.

“Sotomayor said she believes courts should 'carefully and narrowly define the circumstances in which the State’s exercise of its police powers are held exempt from the just compensation requirement.'”

Chicago's Response

Chicago lawyers argued the case is an ineffective vehicle for addressing takings clause and police power questions.

“Lawyers representing Chicago wrote that the case 'is an exceedingly poor vehicle to address' the questions involving 'the relationship between the Takings Clause and law enforcement authority.'”

Petitioners' Position

Petitioners' Position

Petitioners claim Chicago's policy is devastating and counterproductive, leaving drivers with debt and no car.

“Petitioners wrote that Chicago 'does not sell vehicles at their fair market value, nor does it apply the sales proceeds to the debt to extinguish the lien.'”

What Happens Next

Sotomayor hopes lower courts will address questions about police power and takings claims in future cases.

“Sotomayor said she would like to see the court address some of the questions raised in the case, but it is not clear whether other cases could be brought to the High Court in the coming years to be ruled on.”

The short version

Sotomayor and Gorsuch join in declining to hear Chicago's vehicle confiscation case, citing concerns about police power and takings claims.

Read the original on Newsweek

React

Sign in to react and comment.

Comments (0)

Life is short. Keep it sweet. Respect others' opinions and be kind!

    Recommended next

    More decks on sotomayor and related topics.