[ Blackmun ]
[ Scalia ]
|Syllabus ||Concurrence |
[ Kennedy ]
SUPREME COURT OF THE UNITED STATES
RICHARD LYLE AUSTIN, PETITIONER v.
UNITED STATES on writ of certiorari to the united states court of appeals for the eighth circuit
At some point, we may have to confront the constitutional question whether forfeiture is permitted when the owner has committed no wrong of any sort, intentional or negligent. That for me would raise a serious question. Though the history of forfeiture laws might not be determinative of that issue, it would have an important bearing on the outcome. I would reserve for that or some other necessary occasion the inquiry the Court undertakes here. Unlike Justice Scalia, see ante, at 3, I would also reserve the question whether in rem forfeitures always amount to an intended punishment of the owner of forfeited property.
With these observations, I concur in part and concur in the judgment.