Donor Matching Funds Continue!

We are thrilled to announce that thanks to your generosity, we’ve reached our $10,000 matching funds goal! An incredible new opportunity awaits us as another donor has graciously offered to match the next $10,000—let’s keep the momentum going!

$37,465 of $60,000 raised

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

libertarian inst books

Related Articles

Related

Speaking of democracy…

Democracy has been a much discussed topic of late, what with the separation of President Joe Biden from his delegates only weeks before the upcoming Democratic party convention, to be held in Chicago from August 19 to 22, 2024. There have been brokered conventions in...

read more
Libertarianism and Zionism Can’t Be Squared

Libertarianism and Zionism Can’t Be Squared

Jews are the chosen people. God promised us the land of Israel, the only place we can truly be safe. These were among the ideas drilled into me at an early age in Hebrew School, a program of afternoon and weekend education operated by many synagogues. I jettisoned...

read more
TGIF: Democracy as Religion

TGIF: Democracy as Religion

During a conversation with someone who loves representative democracy but hates America's current political situation, I pointed out a problem with his view. The current situation, I said, is a product of representative democracy. So you can't have the system without...

read more

Pin It on Pinterest

Share This