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Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 20-2061 · judgment October 6, 2021


Certiorari denied · March 7, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Whether the Fifth Amendment’s Takings Clause permits the establishment of a new category of property for forfeiture purposes in the form of a perpetual “public record,” thereby, allowing the Government to seize the Letter from Alexander Hamilton to the Marquis De Lafayette Dated July 21, 1780 (“Hamilton Letter”), after said Hamilton Letter was no longer possessed by any governmental entity, without any evidence produced or demonstrating the Hamilton Letter was ever stolen, to avoid standing of the Petitioners. Whether the innocent owner defense should have applied since Petitioners held the Hamilton Letter through a bona fide purchaser for value.

Counsel of record

For petitioner
Ernest Edward Badway
Fox Rothschild LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 07 2022
    Petition DENIED.
  2. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  3. Jan 25 2022
    Waiver of right of respondent United States to respond filed.
  4. Jan 03 2022
    Petition for a writ of certiorari filed. (Response due February 11, 2022)