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.

Our Books

Recent Articles

Recent

The Surveillance State Found Its Philosopher

The Surveillance State Found Its Philosopher

There is a line in the Fourth Amendment that was supposed to settle this. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable...

read more
Mousetrapped: Trump Takes the Bait

Mousetrapped: Trump Takes the Bait

The mousetrap motif plays a major role in tales and literature, from Shakespeare’s Hamlet who set one to find his father’s murderer, to Agatha Cristie’s famous play, The Mousetrap, that opened in London’s West End in 1952 and is still running today 30,000 performances...

read more
Copernicus at 500

Copernicus at 500

Famed for his contributions to the hard sciences—most notably his theory of heliocentricity—the sixteenth-century astronomer Nicolaus Copernicus was also an acute analyst of monetary policy. To that end, Ralph Benko has done us all a great service with this new...

read more

Pin It on Pinterest

Share This