It’s a line of thinking the Court appeared receptive to. That became especially apparent when the justices questioned the attorney representing Hennepin County, Neal Katyal, who primarily invoked historical tradition to defend the county’s right to steal Tyler’s home equity.

“Are there any limits on that?” asked Justice Elena Kagan. “Take a $5,000 tax debt and a $5 million house, and the state says, thanks, we’ll keep it.” Katyal danced around the question until Justice Neil Gorsuch demanded a reply: “A $5 property tax, a million dollar property, good to go?” he asked.

Katyal responded that, yes, in effect, that was good to go.

It’s not a hypothetical that requires an active imagination. After Tawanda Hall fell behind on the property taxes for her home in Oakland County, Michigan, the government sold it for more than $300,000, satisfied the tax burden, and kept the profit—which totaled over $286,000.

[This case is an outrage. The real question is whether it’s unconstitutional, but as of the moment, the justices seem inclined to think that this seizure crosses the line. Good. — Ed]