Civil Forfeiture and "Excessive Fines"

[Garys]

The Supreme Court has unanimously extended the Eight Amendment prohibition on Excessive Fines to civil asset forfeiture by the states.

Supreme Court strikes blow against states that raise revenue by hefty fines, forfeitures

WASHINGTON – The Supreme Court ruled unanimously Wednesday that state governments cannot impose excessive court fees, fines and forfeitures as a means of raising money.

The decision, which united the court's conservatives and liberals, makes clear that the Eighth Amendment's prohibition against "excessive fines" applies to the states.

Associate Justice Ruth Bader Ginsburg, just back in court after lung cancer surgery, wrote the majority opinion and announced it from the bench.

"The protection against excessive fines guards against abuses of government’s punitive or criminal law-enforcement authority," Ginsburg wrote. Quoting in part from the court's 2010 ruling that Second Amendment gun rights apply to the states, she said, "This safeguard, we hold, is 'fundamental to our scheme of ordered liberty.'"

 

[amm5061]

Woohoooo!!! Now let's see if they feel the same way about ERPO. I'm betting not.

 

[enbloc]

 

[CrackPot]

USSC Blow to civil asset forfeiture?

 

[doxdsgn]

This is good news. It would seem the Bill of Rights is finally being "incorporated" against the States, even if one ammendment at a time.