Mileage Psycho Posted February 20, 2019 Share Posted February 20, 2019 This is good!! Quote Supreme Court, in unanimous ruling, moves to limit state and local governments’ power to impose fines and seize property The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property. Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the 8th Amendment’s Excessive Fines Clause protects against government retribution. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.” The court ruled in favor of Tyson Timbs of Marion, Ind., who had his $42,000 Land Rover seized after he was arrested for selling a couple hundred dollars’ worth of heroin. He drew wide support from civil liberties organizations who want to limit civil forfeitures, which they say empower localities and law enforcement to seize property of someone suspected of a crime as a revenue stream. Some justices, too, had become worried about the state and local efforts. Justice Clarence Thomas wrote in a recent opinion that civil forfeitures have “become widespread and highly profitable.” “This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses,” Thomas wrote, referring to reporting by The Washington Post and the New Yorker. At oral argument, Timbs’s lawyer said the case was a simple matter of “constitutional housekeeping.” The Constitution’s Bill of Rights protects against actions of the federal government. But the Supreme Court over time has applied it to state and local governments under the due-process clause of the 14th Amendment. In 2010, for instance, the court held that the Second Amendment applied to state and local government laws on gun control. The Eighth Amendment states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Two of those commands — regarding bail and cruel and unusual punishments — have been deemed to apply to state and local governments. But until now, the ban on excessive fines had not been. And the Indiana Supreme Court noted that when overturning a lower court’s ruling that the actions taken against Timbs were excessive. Ginsburg’s opinion makes clear that the clause applies, and that it is “incorporated” under the 14th Amendment’s Due Process Clause. Justices Thomas and Neil M. Gorsuch agreed with the outcome, but said they would have relied on a different part of the 14th Amendment. The case is Timbs v. Indiana. https://www.msn.com/en-us/news/us/supreme-court-in-unanimous-ruling-moves-to-limit-state-and-local-governments-power-to-impose-fines-and-seize-property/ar-BBT R3Jd Quote Link to comment Share on other sites More sharing options...
Gold Member BOHICA Posted February 20, 2019 Gold Member Share Posted February 20, 2019 👍🏿 Quote Link to comment Share on other sites More sharing options...
Platinum Contributing Member Jimmy Snacks Posted February 20, 2019 Platinum Contributing Member Share Posted February 20, 2019 That is excellent news! Quote Link to comment Share on other sites More sharing options...
1jkw Posted February 20, 2019 Share Posted February 20, 2019 Great news. Quote Link to comment Share on other sites More sharing options...
FrankieJames7 Posted February 20, 2019 Share Posted February 20, 2019 The Constitution was written on a piece of used shit paper. Cops and government officials don't give a fuck about the rules Quote Link to comment Share on other sites More sharing options...
Rod Posted February 20, 2019 Share Posted February 20, 2019 @f7ben be like but kalfinough!!!! Quote Link to comment Share on other sites More sharing options...
NaturallyAspirated Posted February 20, 2019 Share Posted February 20, 2019 Excellent ruling. Neal Quote Link to comment Share on other sites More sharing options...
Momorider Posted February 20, 2019 Share Posted February 20, 2019 Its good but too bad they did it with a heroin dealer Quote Link to comment Share on other sites More sharing options...
Gold Member BOHICA Posted February 20, 2019 Gold Member Share Posted February 20, 2019 (edited) Wonder if manafort will use this ruling to get some of his money back? Kind hampers New Yorks dream of seizing Trump assets on their made up case Edited February 20, 2019 by BOHICA Quote Link to comment Share on other sites More sharing options...
Mileage Psycho Posted February 20, 2019 Author Share Posted February 20, 2019 2 hours ago, Momorider said: Its good but too bad they did it with a heroin dealer It's to bad they didn't lock up a dopadiliac like yourself years ago. 1 Quote Link to comment Share on other sites More sharing options...
F3600 Posted February 20, 2019 Share Posted February 20, 2019 Great ruling and better that its unanimous. Quote Link to comment Share on other sites More sharing options...
Momorider Posted February 20, 2019 Share Posted February 20, 2019 48 minutes ago, Mileage Psycho said: It's to bad they didn't lock up a dopadiliac like yourself years ago. posts what? Quote Link to comment Share on other sites More sharing options...
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