A recent editorial in the Austin American-Statesman called for legislators to enact “common-sense” reforms of the state’s civil asset forfeiture laws. The editorial correctly notes that
Gov. Greg Abbott and many Republican lawmakers have trumpeted the cause of private property rights when it comes to annexation, fracking bans or local tree ordinances, yet they have been strangely silent on civil asset forfeiture.
While it is certainly appropriate to call Republicans on their hypocrisy, the Statesman’s editorial board would have more credibility if they weren’t engaged in their own hypocrisy.
As one example, in September 2018, an editorial called for Austin officials to improve enforcement of the city’s 2016 short-term rental ordinance. That law requires short-term rental owners to obtain a license from the city, pay a hotel occupancy tax, and submit to other demands on the part of city officials. The ordinance essentially turns control of the owner’s property over to the city.
One the one hand, the Statesman calls for greater protection of property rights. On the other hand, the paper calls for their violation. Apparently, the Statesman’s editorial board, like Republican lawmakers, believes in protecting the property rights of some Texans but not all Texans. Hypocrisy is never virtuous, whether it comes from conservatives or “Progressives.”
But hypocrisy is merely a symptom of a deeper issue—the absence of principles. Without principles, a lawmaker or an editorial board can take contradictory positions on different issues. Without principles, they can support property rights today and support (whether implicitly or explicitly) their violation tomorrow.
Short of abolishing civil asset forfeiture, reforms are desperately needed. But meaningful reform will not occur if those calling for it are hypocrites. Nor will it occur when the supposed defenders of property rights do not recognize civil asset forfeiture as the grievous threat it is.