Posted on 02/20/2019 6:04:21 PM PST by Hojczyk
The Supreme Court has just put the clamps on states ability to impose excessive fines and use civil asset forfeiture to seize private property.
On Wednesday February 20, 2019, the U.S. Supreme Court ruled 9-0 that the Eight Amendments ban on excessive fines also applies to states. This landmark ruling bolsters property rights and could curtail controversial law enforcement seizures, especially those carried out via civil forfeiture.
In the decision, Timbs v. Indiana, the Supreme Court sided with small time drug offender Tyson Timbs, whose $42,000 Land Rover was seized by law enforcement officials. Civil asset forfeiture is one of the most controversial methods used to raise revenue across the nation. However, it has garnered considerable criticism from political figures across the political spectrum.
In a previous case, Austin v. United States, the Court ruled that the Eight Amendment, which is clear about its prohibition of excessive fines, limits the federal governments ability to seize property. Timbs v. Indiana now extends those limits to the states.
For once, Justice Ruth Ginsburg gets it right. She wrote:
The historical and logical case for concluding that the 14th Amendment incorporates the Excessive Fines Clause is overwhelming.
Ginsburg drew from Anglo-American legal traditions to rule in Timbss favor:
(Excerpt) Read more at bigleaguepolitics.com ...
Thanks for that. I appreciate it.
Thomas is quite the conundrum, particularly given that blacks are disproportionately affected by AF.
Thanks for that. I appreciate it.
Thomas is quite the conundrum, particularly given that blacks are disproportionately affected by AF.
California; Sacramento State Capitol; Bowers
Colorado; Granby; Heemeyer
New Hampshire; Bow, Drega
Not all necessarily asset forfeiture cases. But similar, or related, and at least a dozen more come to mind.
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