Thursday, October 15, 2009

Justices focus on Procedural Rules in Police-Confiscation Case

Justices focus on Procedural Rules in Police-Confiscation Case

As posted in the Wall Street Journal on October 14, 2009

http://online.wsj.com/article/SB125554851997885533.html

The U.S. Supreme Court Justices agreed to hear a case regarding property-rights seizure and the Constitutional right to due process. Unfortunately, it appears as though the justices jumped the gun so to speak as the Seventh Circuit Court of Appeals in Chicago ordered a trial judge to attempt to settle a copacetic solution to the hearing process. The Supreme Court had taken the case prior to the case beginning by the ordered trial judge.

Focusing on procedural complications, the Justices are split as to whether or not to completely vacate the ruling of the Seventh Circuit Court of Appeals in Chicago which ordered the trial judge to attempt to settle a workable hearing process or take the “wait and see” stance to see how the situation progresses.

The implications of imposing a more stringent timeline for hearings may very well be avoided if the Court decides to dismiss the case in entirety.

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