Lance Rogers of BNA Criminal Law Reporter has this article on the U.S. Supreme Court's March 30 decision in Luis v. United States regarding pretrial freezing of assets of the defendant not directly related to the crime but forfeitable in substitution for tainted but expended assets. The court held that such assets cannot be frozen when the defendant needs them to pay her lawyer. See also my previous post.
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Thomas' dissent seemed to me to be right as rain. The balancing nonsense is what gave us monstrosities like the Citizens United dissent.
People get to defend themselves from the government with "their stuff"--that seems plain. Why that would be subject to a balancing test?
Concurrence, actually. See prior post.