Chief Justice Roberts and Justice Thomas agreed today with Justices Breyer, Ginsberg and Sotomayor that the government could not freeze a criminal defendant’s untainted assets and prevent her from hiring a lawyer.

Swing vote Justice Kennedy sided with conservative Justices Alito with the opinion that the government could freeze all assets of a person accused of a crime.

Justice Kagan wrote a separate dissent arguing that the government should not be allowed to freeze any assets until the accused is actually proven guilty.

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The case is Luis v. United States.