Cases have made it to the Supreme Court --- recently! --- and it held up just fine. This is another message board fixation. I'm sure it's abused all over the place. It wasn't in this case.
What part of this makes you thing CAF is on shaky constitutional ground? This is a CAF case with reach-y fact patterns for the government and they won it handily. We didn't even get close to the question of whether CAF is itself constitutional; the court simply presumed it.
This was about the timing of a hearing about forfeiture, not about whether forfeiture is ok. Though I've not read this case yet, but now that I'm aware of it I'm keen to read it. I'll comment again later.
