I had some serious misgivings about Kagan due to her view that New York Times v. Sullivan should be reined in. (source) Of course, her views on that are at least debatable. She just prefers some of the logic in Canada’s Hill v. Church of Scientology, [1995] 2 S.C.R. 1130.
But in Kaley v. United States, she just wrote an opinion that really makes me want to find the architects of the “war on drugs” and fill their mouths with angry bees. In our zeal to be “tough on crime,” we sold out the Constitution. Now the bill is due. The government’s asset forfeiture laws and overzealous prosecutors mean that if you’re even accused of a crime, you’re screwed. (Analysis here)
