FICTION TRUMPS INNOCENCE - THE BENNIS COURTS CONSTITUTIONAL HOUSE OF CARDS

The Supreme Court's decision in Bennis v. Michigan depriving Tina Benn is of her car struck many as an unfair application of civil forfeiture law. In this note, Erik Luna argues that the Court's justifications f or its decision are utterly indefensible. Luna comments that the Court failed to consider fairness or justice and was blind to the severity of Ms. Bennis' loss. Luna warns that the decision could have adverse c onsequences on marginal credit candidates and lead to more alarming ap plications of civil forfeiture in the future.