The Supreme Court has agreed to hear an appeal from an Alaskan bush pilot whose plane was seized by authorities after they discovered it was bound for a remote, dry village with beer on board. The appeal from the 82-year-old pilot, Kenneth Jouppi, could have national implications if the 6-3 conservative court limits the ability of state and local governments to rely on asset forfeiture.
Background of the Case
Jouppi claims that the taking of his $95,000 Cessna for what amounted to a six-pack of beer violated the 8th Amendment’s bar on excessive fines. The Supreme Court is likely to hear oral arguments in the case later this year or early next — and hand down a decision by next summer.
The Institute for Justice, which is representing the pilot, argues that the Excessive Fines Clause of the Constitution was built for cases like this. The organization claims that government agencies increasingly exploit fines and forfeitures to pad their budgets, and that the Supreme Court must make clear that the Excessive Fines Clause is a meaningful check on government overreach.
Alaska’s Position
Alaska told the Supreme Court that officials face unique difficulties in combating alcohol abuse and its consequences in remote parts of the state. The village at issue, Beaver, is home to fewer than 100 people and is off the road system. The community banned the sale and possession of alcohol more than two decades ago.
Given that many communities are accessible primarily by air, the legislature provided that any airplane used to illegally import alcohol into a dry community was subject to forfeiture. Jouppi was convicted of alcohol importation, a misdemeanor. State police executed a search warrant on his plane in Fairbanks before it was to take off for Beaver.
Jouppi argues that under the 8th Amendment’s bar on excessive fines, courts must consider the gravity of the specific defendant’s wrongdoing. In his case, he said, that didn’t happen and his airplane was forfeited for a six-pack.
Original reporting: El Paso News (HLL/CB) — read the source article.
