Author Topic: Supreme Court curbs power of government to impose heavy fines and seize property  (Read 391 times)

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Offline ABX

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In a unanimous decision, the Supreme Court on Wednesday ruled to drastically curb the powers that states and cities have to levy fines and seize property, marking the first time the court has applied the Constitution’s ban on excessive fines at the state level.
Justice Ruth Bader Ginsburg, who returned to the court for the first time in almost two months after undergoing surgery for lung cancer, wrote the majority opinion in the case involving an Indiana man who had his Land Rover seized after he was arrested for selling $385 of heroin.

“Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties," Ginsburg wrote. “They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue.”....

https://www.foxnews.com/politics/supreme-court-rules-to-curb-powers-of-states-to-impose-heavy-fines-and-seize-property



Offline ABX

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Justice Thomas's concurrence here is the sequel to his concurrence in McDonald v. Chicago: a call for the revival of the Privileges & Immunities Clause of the 14th Amendment as the proper vehicle for federal incorporation of substantive rights against the states.