Pilot says Bill of Rights fight drove decade-long legal battle
The Supreme Court agreed Monday to hear an Alaska bush pilot’s challenge to the state’s attempt to seize his $95,000 airplane after a passenger brought a six-pack of beer onto a flight bound for a remote village where alcohol is banned.
Pilot Kenneth Jouppi was convicted of an alcohol-related misdemeanor after the incident. The Alaska Supreme Court subsequently ruled that his 1969 Cessna was subject to criminal forfeiture laws, a decision Jouppi appealed to the U.S. Supreme Court. He argues that confiscating the plane would violate the Eighth Amendment’s Excessive Fines Clause, which prohibits the government from imposing excessive penalties.
“I’m in my 80s now, and I’ve been fighting this for over a decade because I see it as my duty to ensure that the Bill of Rights actually means something in protecting against government overreach,” Jouppi said in a statement released by his attorneys at the Institute for Justice.
According to court records, the case stems from April 2012, when Jouppi was preparing to fly a passenger from Fairbanks to the village of Beaver, Alaska, which has a local ordinance prohibiting alcohol. The passenger had packed beer with other groceries. State troopers stopped Jouppi before the flight departed and spotted a six-pack of Budweiser in a shopping bag.
The state pursued forfeiture of the aircraft under Alaska’s criminal forfeiture laws. After lower courts sided with the state, Jouppi petitioned the U.S. Supreme Court, which on Monday granted review as part of a regularly scheduled summer order list.
The justices will hear arguments in Jouppi v. Alaska during the fall term.