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BENNIS v. MICHIGAN

No. 94-8729.

516 U.S. 442 (1996)

BENNIS v. MICHIGAN

United States Supreme Court.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Stefan B. Herpel argued the cause and filed briefs for petitioner.

Larry L. Roberts argued the cause for respondent. With him on the brief were John D. O'Hair and George E. Ward.

Richard H. Seamon argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Thomas, and Ginsburg, JJ., joined. Thomas, J., p. 453, and Ginsburg, J., p. 457, filed concurring opinions. Stevens, J.,filed a dissenting opinion, in which Souter and Breyer, JJ., joined, p. 458. Kennedy, J., filed a dissenting opinion, p. 472.

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner was a joint owner, with her husband, of an automobile in which her husband engaged in sexual activity with a prostitute. A Michigan court ordered the automobile forfeited as a public nuisance, with no offset for her interest, notwithstanding her lack of knowledge of her husband's activity. We hold that the Michigan court order did not offend the Due Process Clause of the Fourteenth Amendment or...

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