Supreme Court of the United States

Mitchell v. W. T. Grant Co. — Powell, J., concurring

May 13, 1974416 U.S. 600

Summary

Justice Powell concurs with the majority, holding that the Louisiana sequestration statute satisfies procedural due process and should be upheld. He argues that Fuentes v. Shevin is effectively overruled, but maintains that the Louisiana law’s requirements for security and factual showing, followed by a prompt post‑seizure hearing, provide adequate safeguards. Powell emphasizes the balance of creditor and debtor interests and the limited need for a prior adversary hearing in this context.

Docket 72-6160

Cited authorities

  • 59 Va. L. Rev. 335