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Police Destroyed Their Homes and Businesses. The Supreme Court Won't Say Who Should Pay.

Carlos Pena and Amy Hadley | Institute for Justice/Volodymyr Tverdokhlib/Flas100/Dreamstime/Fatima Ruiz

Is there an exception to the 5th Amendment's promise that government cannot take private property without "just compensation"? The Supreme Court declined to address that question this past Monday when it rejected a trio of petitions asking the justices to consider whether people should be compensated when law enforcement seizes or destroys their property.

Two of the cases concerned individuals who were not accused of a crime but whose property nevertheless became collateral damage as police pursued a suspect. In June 2022, police fired 30 tear gas canisters into Amy Hadley's home in South Bend, Indiana. Officers smashed windows, tore down security cameras, ransacked furniture, ripped down a panel and a fan, and punched holes in the walls as they searched for a fugitive named John Parnell Thomas, who had never been there. The police had erroneously concluded that Thomas accessed the internet via the IP address at Hadley's home. According to Hadley, the police caused at least $16,000 in damages, which insurance only partially covered.

About two months later, a SWAT team in Los Angeles arrived at Carlos Pena's North Hollywood printing business and destroyed it, along with his equipment inside, crippling his livelihood after a fugitive broke in and barricaded himself in the shop. (The suspect ultimately escaped.) Pena alleged approximately $60,000 in damages in his suit against the city, which declined to compensate him for his losses. His insurance also refused to step in—as is common in such cases, as policies often exclude damage caused by the government.

The third petition concerned Chicago drivers whose vehicles were seized by the city over modest unpaid parking tickets. Ryan O'Donnell's vehicle was impounded and sold for scrap because of about $524 in debt. Michael Goree's was seized and relinquished to the lienholder over a debt that did not belong to him; the $560 in unpaid tickets were for a different vehicle owned by his co-signer.

In all of these cases the lower courts' reasoning came from a similar place. Hadley, O'Donnell, and Goree's petitions were heard by the U.S. Court of Appeals for the 7th Circuit, which has adopted a categorical rule: Property destroyed in the exercise of "police power" is immune to claims under the Takings Clause, the U.S. Constitution's pledge that government cannot usurp private property without fairly compensating the owner. Pena's case went to the U.S. Court of Appeals for the 9th Circuit, where the judges have declined to issue such a sweeping exception but have instead ruled that governments are exempt from paying out claims when the police actions in question were "necessary."

In a statement, U.S. Supreme Court Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, outlined the many inconsistencies between the circuits on the topic. "It is still an 'open question' whether these or any other approaches are consistent with this Court's precedents. Few of these decisions likewise explain the source of any such police-power exception to the Takings Clause—whether the common law, the Constitution, or elsewhere," she wrote. "Such questions thus continue to 'benefit from further percolation' in the lower courts before this Court chooses to intervene."

Sotomayor was quoting herself. In 2024, she released similar remarks in response to a petition from Texas woman Vicki Baker, whose house in McKinney had been hollowed by a SWAT team attempting to capture a fugitive. The high court declined to hear Baker's case, although she finally found relief under the Texas state constitution this year.

"It's possible that the Court sincerely doesn't think the lower courts have done enough thinking on this important but novel issue," Patrick Jaicomo, a senior attorney at the Institute for Justice who represented Hadley, tells me. "Still, we've brought them 5 cases from 5 circuits. How much more percolation is needed?…The Court is going to have to address this important issue, and it's not clear what another circuit decision or 6 might do to aid that consideration."

Though Sotomayor's statement ran in parallel to the one two years ago, its slightly sharper warning intimated that we may be inching closer to a resolution. "I again encourage courts considering this issue to take care," she wrote, "that due deference to state police powers does not eclipse constitutional rights."

The post Police Destroyed Their Homes and Businesses. The Supreme Court Won't Say Who Should Pay. appeared first on Reason Magazine.

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Brazil Votes in Presidential Runoff Between Lula and Bolsonaro

Brazil presidential runoff election as voters choose between Lula da Silva and Flávio Bolsonaro.

More than 158.7 million Brazilians are eligible to vote as President Luiz Inácio Lula da Silva faces Senator Flávio Bolsonaro in a closely contested runoff.


Brazilian voters are choosing between President Luiz Inácio Lula da Silva and Senator Flávio Bolsonaro in a presidential runoff after neither candidate secured a majority in the first round. More than 158.7 million people are eligible to vote, with polling stations open from 8 a.m. to 5 p.m. local time, according to the Superior Electoral Court (TSE).

RELATED: Lula Pledges Universal Full-Day Schooling in Brazil

In the first round on Oct. 4, Bolsonaro, of the Liberal Party (PL), received 47.03% of valid votes, or 56,104,503 ballots, while Lula, of the Workers’ Party (PT), won 45.16%, or 53,879,538 votes, according to official TSE figures. Neither surpassed the 50% threshold needed to win outright.

Voter abstention emerged as a significant factor in the first round, with 33,469,244 people staying away from the polls, representing 21.08% of registered voters. Both campaigns sought to attract those who did not vote, as pre-election polls pointed to a statistical tie.

The final day of campaigning on Saturday brought closing rallies from both candidates. Speaking in São Paulo, Lula attacked his rival, calling him a “liar,” a “militiaman” and unqualified for the presidency.

“A person like that does not have the political, moral or ethical qualifications to become president of the Republic,” Lula told reporters.

Bolsonaro received backing during the campaign from U.S. President Donald Trump, who described the senator’s first-round result as “a great victory.”

On Oct. 20, Lula framed the election as a choice over Brazil’s national sovereignty, saying voters would decide whether they wanted “a Brazil that kisses the Brazilian flag or one that gets down on all fours before the U.S. flag.”

Voting is compulsory for literate Brazilian citizens aged 18 to 70. It is optional for illiterate citizens, those aged 16 and 17, and people over 70.

Voting abroad

A total of 918,876 Brazilians registered to vote abroad across 134 countries, accounting for about 0.5% of the electorate, according to the TSE. The number represents a 358% increase from 2010.

Text Reads: The Brazil we dream of is built together with the people—through struggle and hope! ❤️🇧🇷
Thank you to every Brazilian who stands by our side on this journey. It is this strength that drives us, and this unity that empowers us.
Tomorrow, let’s transform all this energy into the future! Together with the people, we will achieve so much more, secure new rights, and continue building a Brazil that is even fairer for everyone. Let’s do this together. Vote 13—vote for Brazil.

Overseas voters cast their ballots in person in 186 cities and can vote only for president and vice president. Women account for 57% of registered overseas voters and men for 43%, while the largest age group is between 40 and 44.

The United States has the largest number of registered Brazilian voters abroad, with 265,400, followed by Portugal with 134,700, Japan with 88,300, Canada with 46,400 and Germany with 41,500.

Other contests

Sunday’s elections also include gubernatorial runoffs in Acre, Amazonas, Rio Grande do Norte, Espírito Santo and Tocantins, as well as the Federal District. None of the candidates in those contests secured more than 50% of valid votes in the first round.

Several municipalities are also electing mayors. In Chopinzinho and São João, both in the state of Paraná, voters are taking part in a referendum on changing the territorial boundaries between the two municipalities.

The runoff will determine whether Lula remains president or Bolsonaro takes office, concluding a campaign shaped by a narrow first-round margin, high abstention and competing appeals over Brazil’s political future and national sovereignty.

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