Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2025 Term

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Questions Presented

1. Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of the Fifth Amendment when the compensation is based on the artificially depressed auction sale price rather than the property’s fair market value?

2. Whether the forfeiture of real property worth far more than needed to satisfy a tax debt but sold for fraction of its real value constitutes an excessive fine under the Eighth Amendment, particularly when the debt was never actually owed?

Case Updates

U.S. Chamber files amicus brief urging Supreme Court to reverse Sixth Circuit and hold that it violates the Takings and the Excessive Fines Clauses of the Constitution when a state government seizes real property worth far more than needed to satisfy a tax debt and then sells that property for a fraction of its real value

December 08, 2025

U.S. Chamber Amicus Brief

John P. Elwood, Anthony J. Franze, and Connor J. Morgan of Arnold & Porter Kaye Scholer LLP served as outside counsel.

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