Combs Spouts Off

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Posts Tagged ‘excessive fines’

IJ scores 9-0 SCOTUS victory in Timbs v. Indiana

Posted by Richard on February 20, 2019

Good news from the Supreme Court today, as reported in the Institute for Justice press release:

In an historic ruling, the U.S. Supreme Court this morning held that the Excessive Fines Clause of the Eighth Amendment protects Americans not just against the federal government, but against states and local authorities too. No matter which state you live in, every level of government must now abide by the federal Constitution’s guarantee that property owners will be safe from excessive fines and forfeitures. “[T]he historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause,” wrote Justice Ruth Bader Ginsburg for the Court, “is overwhelming.”

Six justices signed onto Ginsburg’s opinion. Justice Thomas wrote a concurring opinion reiterating his contention that the court should base incorporation decisions on the 14th Amendment’s Privileges or Immunities Clause, not the Due Process Clause, quite properly calling the concept of substantive due process “oxymoronic.” Justice Gorsuch also wrote a concurring opinion stating that “the appropriate vehicle for incorporation may well be the Fourteenth Amendment’s Privileges or Immunities Clause, rather than, as this Court has long assumed, the Due Process Clause.” The PDF of the opinions is available here.

The Privileges or Immunities Clause was essentially made irrelevant by the Supreme Court’s 1873 ruling in the Slaughterhouse Cases, one of the worst SCOTUS rulings of all time. IJ has a good brief summary.

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