Did you know that modern civil asset forfeiture laws originated from the seizure of 18th-century pirate ships?
Welcome back to Rightly Decided, the mostly originalist takes of the litigators of the Texas Public Policy Foundation! This week, Laura Beth Latimer and Chance Weldon break their usual rule against discussing policy to welcome a special guest: Dr. Derek Cohen, TPPF’s Chief Policy and Research Officer.
If you want to know how Texas polices its judges, why the government can legally seize your property without a criminal conviction, and how think tanks turn ideas into law—this episode is for you!
0:00 – Intro & Harambe Lore: Welcoming Dr. Derek Cohen to the podcast (and clearing up some Cincinnati Zoo rumors).
2:40 – Judging the Judges: Dr. Cohen explains his role as Secretary of the State Commission on Judicial Conduct. Learn how Texas oversees its elected judges, handles judicial misconduct, and enforces strict rules on partisan campaigning.
11:10 – The Problem with Civil Asset Forfeiture: Breaking down how law enforcement can seize private property using a lower “preponderance of the evidence” standard, often without ever convicting the owner of a crime.
15:35 – The 8th Amendment & Timbs v. Indiana: How the Supreme Court is using the 14th Amendment’s incorporation doctrine to protect citizens from excessive fines.
22:45 – Pirate Ships & Legal Fictions: Chance Weldon gives a fascinating originalist history lesson on how suing abandoned pirate ships evolved into modern civil forfeiture.
34:20 – Seizing a Plane for a 6-Pack of Beer? Discussing a pending Alaskan case where a bush pilot had his Cessna seized because a passenger brought beer into a dry municipality.
39:50 – How Policy Becomes Law: An inside look at TPPF’s legislative strategy, the grueling internal “Policy Council” gauntlet, and why verifiable research dictates advocacy at the Texas Capitol.