• About
  • Blog (Ext.)
  • Books
  • Contact
  • Education Resources
  • News Links

PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: Eighth Amendment

Supreme Court Offers Glimmer of Eighth Amendment Hope

29 Thursday Nov 2018

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

civil forfeiture, Constitution, Eight Amendment, Eighth Amendment, Supreme Court, theft

Just the slightest glimmer. I’m not as excited as the author of this story about a wronged dope dealer:

The Supreme Court left little doubt Wednesday that it would rule that the Constitution’s ban on excessive fines applies to the states, an outcome that could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.

A decision in favor of 37-year-old Tyson Timbs, of Marion, Indiana, also could buttress efforts to limit the confiscation by local law enforcement of property belonging to someone suspected of a crime. Police and prosecutors often keep the proceeds.

Timbs was on hand at the high court for arguments that were largely a one-sided affair in which the main question appeared to be how broadly the state would lose.

The court has formally held that most of the Bill of Rights applies to states as well as the federal government, but it has not done so on the Eighth Amendment’s excessive-fines ban.

Justice Neil Gorsuch was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard.

“Here we are in 2018 still litigating incorporation of the Bill of Rights. Really? Come on, general,” Gorsuch said to Fisher, using the term for holding that constitutional provisions apply to the states.

Justice Stephen Breyer said under Fisher’s reading police could take the car of a driver caught going 5 mph (8 kph) above the speed limit.

“Anyone who speeds has to forfeit the Bugatti, Mercedes or special Ferrari, or even jalopy,” Breyer said.

Fisher agreed.

It was unclear whether the justices also would rule to give Timbs his Land Rover back or allow Indiana courts to decide that issue. Some justices seemed willing to take that additional step.

“If we look at these forfeitures that are occurring today … many of them are grossly disproportionate to the crimes being charged,” Justice Sonia Sotomayor said.

Yes, looking at all forfeitures occurring today, there is a huge problem. Thank you, wise Latina woman. ‘Cold Water’ Roberts was along with … cold water though, in a way, he might be right. But the problems are so many with these issues.

First, forget the anti-incorporation argument, libertarians. It’s as settled a matter as the fate of the nation. They will formally allow application of the 8th, through the 14th, to and against the States.

Second, as always, hard cases make bad law. No one likes a dope dealer. And there are 10,000 more noble poster children available. On the other hand, why is selling dope a crime (okay to be libertarian, here, still)?

Third, while the excessive fines per se or construed are an important issue in prosecuted criminal cases, the worse issue is the outright theft via “civil” forfeiture. They literally take your stuff – without even a solid accusation of wrongdoing – and keep it barring the jumping of many flaming hoops. The States, most of them, make a mint of this theft, the only criminal activity being committed by the government.

Fourth, it’s not just the States. Uncle Sucker is as guilty as any. Few raise any alarm and many (don’t let the door hit you, Sessions) rabidly defend the practice.

However the Court rules in Timbs, it will be some little good. Unfortunately, a lot of good is needed. We may never fully see it.

Take what you can get, freedom lovers. Take a hike, government thieves.

Perrin Lovett

From Green Altar Books, an imprint of Shotwell Publishing

From Green Altar Books, an imprint of Shotwell Publishing

Perrin Lovett at:

Perrin on Geopolitical Affairs:

Archives

  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • July 2014
  • June 2014
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • June 2012

Prepper Post News Podcast by Freedom Prepper (sadly concluded, but still archived!)

Create a free website or blog at WordPress.com.

  • Subscribe Subscribed
    • PERRIN LOVETT
    • Join 42 other subscribers
    • Already have a WordPress.com account? Log in now.
    • PERRIN LOVETT
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar