Supreme Court Hands Down HISTORIC 9-0 Decision Ending Big Government Overreach!

H/T We Love Trump.com.

It is good to see that the states are getting slapped down over the illegal seizures of peoples property no matter how justified the state thinks it is in the grab.

I think you’re going to like this new ruling from the Supreme Court.

After continual overreach by state and local governments imposing excessive fines and seizing personal property, a case recently made it to the Supreme Court and ended up with a rare 9-0 unanimous ruling!

Many are heralding it as a win for the 8th Amendment and for private property rights.

I’m personally for anything that limits and reverses the overreach of any level of government – federal, state or local.

Great win!

And credit where credit is due, Ruth Bader Ginsburg wrote the majority opinion (or at least is credited with writing the majority opinion).

Take a look:

GOVERNING

@GOVERNING

In unanimous decision, Supreme Court rules 8th Amendment ban on “excessive fines” applies to states and local agencies — not just the federal government http://bit.ly/2NivRdI 

See GOVERNING’s other Tweets

MetalRabbit13@MetalRabbit13

Rules 9-0 That Applies to https://www.dailykos.com/story/2019/2/20/1836313/-Supreme-Court-Rules-9-0-That-8th-Amendment-Applies-to-Civil-Seizures 

Supreme Court Rules 9-0 That 8th Amendment Applies to Civil Seizures

This is a real short diary but I thought this decision was important. The court just ruled that the 8th Amendment protections against excessive fines and fees are incorporated to the states. The de…

dailykos.com

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Steve Berch@SteveBerch15A

Important 9-0 decision clarifying the 8th Amendment.
“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.” https://www.usnews.com/news/national-news/articles/2019-02-20/supreme-court-rules-constitution-limits-civil-asset-forfeiture-excessive-fines 

Supreme Court Rules Constitution Limits Civil Asset Forfeiture, Excessive Fines

The justices ruled unanimously that the Constitution’s restriction on excessive fines and seizures applies to state and local governments.

usnews.com

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Here’s more on the ruling, from our friends over at The Hill:

The Supreme Court on Wednesday ruled unanimously that states must adhere to the Constitution’s ban on excessive fines, a decision that will likely limit the ability of states to impose certain fees and seize property.

In delivering the opinion of the court, Justice Ruth Bader Ginsburg said the Eighth Amendment guards against abuses of the government’s punitive or criminal law-enforcement authority, and that it extends to fines.

“This safeguard, we hold, is ‘fundamental to our scheme of ordered liberty,’ with ‘deep roots in our history and tradition,’” she said, quoting Supreme Court precedent.

Ginsburg, who returned to the bench for oral arguments Tuesday for the first time since undergoing surgery in December, was joined in the ruling by Chief Justice John Roberts, Justices Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh. Justice Clarence Thomas filed an opinion concurring in the judgment.

The case centered on Tyson Timbs, who pleaded guilty in Indiana state court to dealing in a controlled substance and conspiracy to commit theft. When Timbs was arrested, police seized the Land Rover he had purchased, for $42,000, from an insurance policy he received when his father died.

The state then brought a  civil forfeiture suit against Timbs for his vehicle because it had been used to transport heroin. The trial court denied the state’s forfeiture request.

Since Timbs had recently purchased the vehicle for more than four times the maximum $10,000 monetary fine he can be charged for the drug conviction, the court said the forfeiture violated the Eighth Amendment.

The Indiana Supreme Court ultimately reversed that ruling, holding that the Excessive Fines Clause constrains only federal action and is inapplicable to state impositions.

The high court vacated that ruling Wednesday.

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Author: deplorablesunite

I am a divorced father of two daughters. I am a Deplorable. The cat in my profile is my buddy Ronnie Whiskers

One thought on “Supreme Court Hands Down HISTORIC 9-0 Decision Ending Big Government Overreach!”

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