Constitutional Law,
U.S. Supreme Court
Oct. 24, 2023
What to know about Culley v. Marshall
Respondents express concern that, under Mathews, a host of new procedural questions would arise, forcing federal courts to “micromanage state forfeiture rules under the guise of constitutional law.”
Conor Tucker
litigation and appellate law
Conor regularly represents clients before the Court and in state and federal courts of appeal across the country. Views expressed here are solely those of the author and do not necessarily reflect the views of his firm or its clients.
At issue in Culley v. Marshall - which the Supreme Court will hear on October 30 - is what test courts should use to assess whether due process has been violated after the government seizes property. Two lines of cases point to two different tests and have resulted in a circuit split which the Court is set to resolve. Here's what you need to know going into the argument.
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