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Thursday, February 15, 2007

Crossposted from my Palmer v marion blog:

Via Hasen, Still and Moritz, I learn that Albuquerque has had its voter ID rules struck down. Pdf.

and, at volokh today there's a discussion of a case about a sheriff's liability for towing (aka taking, aka stealing) an old lady's cars pursuant to an ordinance that had no opportunity for a hearing. I think Indy has the same problem. Not absolutely sure, just I think so. http://volokh.com/archives/archive_2007_02_11-2007_02_17.shtml#1171390818
arbitraryaardvark (mail) (www):
Leaving aside the questions about judicial appointments and qualified immunity, what I found interesting about the case was that it found unconstitutional a common government practice of taking vehicles from private property without a hearing. Where I live in Indianapolis this happens literally every day. There's a weekly auction by a subcontractor, of the vehicles that the city has stolen that week,and I've never heard of anybody getting a hearing.
Is there a reader of this blog who would be willing to review the ordinance and express an opinion as to whether it is constitutional?
I recognize that the further step of finding counsel and bringing suit is a different mattter, but I'd be interested to know more about whether the city is acting unconstitutionally in the manner in which it takes people's cars. I can be reached at gtbear at gmail - I don't have the ordinance handy but can get it.
- arbitrary aardvark

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