The issue focused on parts of federal law that prohibit enforcement agencies from prosecuting criminal prosecutions under laws governing financial crimes. Law enforcement officials say prosecutors don't prosecute civil asset forfeiture cases because law enforcement officers often misclassify illegal goods as legitimate property.

Read MoreBefore Justice Kennedy died in February, Attorney General Eric Holder announced he would retire at the end of 2017. President Obama wanted him to stay on for another term and attorney general nominee Loretta Lynch appeared determined to remove him from office. Now Justice Scalia has