Sotomayor and Gorsuch Voice Concern Over Chicago Car Forfeiture Practice

In a recent denial of certiorari, the U.S. Supreme Court chose not to hear O’Donnell v. City of Chicago, a case challenging the city’s rule that permits the impoundment and sale of a driver’s car after two unpaid parking tickets, with proceeds kept by the city. The Seventh Circuit had ruled the practice consistent with the Fifth Amendment’s Takings Clause, framing it as part of police power. Justice Sonia Sotomayor, while joining the denial, issued a statement highlighting her serious concerns about the precedent and the split among lower courts on the limits of police power.

Justice Neil Gorsuch added his voice to the concern, indicating bipartisan unease over the issue. Sotomayor urged lower courts to carefully delineate when state police actions are shielded from just compensation and warned against letting deference to police power eclipse constitutional rights. She noted that unresolved questions remain and may continue to be refined in lower courts.