Jeana M. Horner v. Terry R. Curry

I take no issue with my colleagues' conclusion that the plaintiffs have standing as taxpayers, or with their analysis that Article 8, Section 2 applies to civil forfeitures.

I disagree with my colleagues, however, on two fronts. First, their broader discussion of the public-standing doctrine-properly characterized as dicta-is imprudent. It undercuts an important, long-recognized instrument for maintaining the separation of powers and checks and balances in Indiana, and it mistreats this Court's precedent. Second, I disagree that the current civil-forfeiture statute is constitutional. If the…