Judge Amul Thapar of the United States Sixth Circuit Court of Appeals last week wrote an opinion showing again that conservative jurisprudence is often likely to favor the “ordinary person” and the “human element.”
That message is the recurrent theme in a recent book by Thapar called The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him. And it was on display in his concurring opinion in Ingram v. County of Wayne, released Aug. 31. In it, he went beyond two fellow judges in denouncing the abusive use of a law-enforcement tool called “asset forfeiture,” by which authorities seize vehicles or other property used by people suspected of committing crimes.
County officials would not let Ingram get her car back unless she either paid $1,355 in fines and fees or waited four full months to see a judge to argue that the car never should have been seized in the first place. As she needed the car for her own work as an insurance adjustor, she paid the money she never should have owed to recover the car that never should have been taken. The fees and fines, by the way, pushed her into personal bankruptcy.
Thapar wrote that he would have required the county to provide a hearing much more quickly, within 48 hours. The more important distinction, though, was in the reasoning the judges used. Thapar said the case precedent the other judges applied was itself flawed. It “harms ordinary people. It prevents them from helping themselves.
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