Friend-of-the-Court Briefs Stack up Against the State In U.S. Supreme Court’s Timbs Excessive Fines Clause Case

by | Sep 18, 2018

Friend-of-the-Court Briefs Stack up Against the State In U.S. Supreme Court’s Timbs Excessive Fines Clause Case

by | Sep 18, 2018

http://thebluediamondgallery.com/tablet-dictionary/t/the-eighth-amendment.html

Arlington, Va.—In late November or early December, the U.S. Supreme Court will hear Timbs v. State of Indiana, a case that will decide whether the U.S. Constitution’s protection against excessive fines applies to state and local governments, just as it has applied to the federal government since 1791. The case involves the forfeiture of a $42,000 vehicle for a crime involving a few hundred dollars. The Indiana Supreme Court held that the Eighth Amendment’s Excessive Fines Clause applies to only the federal government and does not apply at all to state and local authorities.

“Our client, Tyson Timbs, has already paid his debt to society,” said Wesley Hottot, an attorney with the Institute for Justice, which is representing Timbs. “He’s taken responsibility for what he’s done. He’s paid fees. He’s in drug treatment. He’s holding down a job. He’s staying clean. But the State of Indiana wants to take his property, too, and give the proceeds to the agency that seized it. As we explained in our merits brief, there are limits, and this forfeiture crosses the line. We are asking the U.S. Supreme Court to reverse the Indiana Supreme Court’s ruling. This case is about more than just a vehicle; it’s about whether 330 million Americans get to enjoy their rights under the U.S. Constitution.”

Nineteen amicus (or “friend-of-the-court”) briefs have been filed thus far in Timbs. Among the more notable amici are:

  • The ACLU, R-Street Institute, Fines and Fees Justice Center and Southern Poverty Law Center, which submitted a brief that examines the effect of excessive fines and fees on the poor, as well as the use of fees to raise revenue for the government.
  • The American Bar Association’s brief examines how the Excessive Fines Clause protects equality of justice under the law.

Read the rest at ij.org.

John Kramer

John Kramer

View all posts

Our Books

Shop books published by the Libertarian Institute.

libetarian institute longsleeve shirt

Support via Amazon Smile

Our Books

15 books

Recent Articles

Recent

TGIF: The Unfortunately Forgotten Sumner

TGIF: The Unfortunately Forgotten Sumner

Some things haven't changed since 1883. In that year Yale University professor William Graham Sumner, the anti-imperialist laissez-faire liberal and pioneer of American sociology, noticed that "we are told every day that great social problems stand before us and...

read more
How the Captive Media Divides Us

How the Captive Media Divides Us

Most political differences in America today aren’t a result of moral differences, or even policy opinions. Rather, they are generated by divergent media consumption. There’s a huge difference between those whose news comes primarily from the corporate Big Five...

read more
Forty Years Sniping at Leviathan

Forty Years Sniping at Leviathan

I have spent decades trying to turn political dirt into philosophic gold. I have yet to discover the alchemist’s trick, but I still have fun with the dirt. I was born in Iowa and raised in the mountains of Virginia. Wheeling and dealing with old coins as a teenager...

read more

Pin It on Pinterest

Share This