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As usual you overstate things. First of all it’s an excessive fines claim under the 8th Amendment.

Author: Frank L (64749 Posts - Joined: Sep 20, 2007)
Posted at 10:12 pm on Feb 3, 2019
View All

I could easily see the Court ruling that the clause is incorporated by the 14th Amendment making it applicable to the states, and that the forfeiture needs to be comensurate with the crime, but not entirely disallowing the civil forfeiture process.

That is the type of incrementalism that Roberts likes. How it fits into restraint versus activism is obvious. Ruling on the narrowest grounds is a central tenant of judicial restraint.


This message has been edited 2 time(s).

Replies to: "As usual you overstate things. First of all it’s an excessive fines claim under the 8th Amendment."

  • Don't drive while in possession of cash. - NedoftheHill - 12:07pm 2/3/19 (14) [View All]
    • Republicans should have allowed Obama his SC justices - this issue would have been fixed - jimbasil - 1:57pm 2/3/19
      • Total nonsense. [NT] - NedoftheHill - 9:53pm 2/3/19
        • Let's revisit this post after this June's decision, Ned. [NT] - BaronVonZemo - 12:05am 2/4/19
      • We will get to see soon how much smoke you are blowing. it's headed to the SCOTUS this session. [NT] [LINK] - BaronVonZemo - 3:38pm 2/3/19
    • There are hundreds of examples, no trial, not even guilty, bye bye moola. [NT] - Rooster - 12:59pm 2/3/19
    • There is an unreasonable fines/forfeiture case before SCOTUS this term. Should be interesting. - Frank L - 12:09pm 2/3/19
      • If there is justice, SCOTUS will once and for all declare civil forfeiture unconstitutional. - NedoftheHill - 12:28pm 2/3/19
        • Well Roberts is now the fifth, so expect some incremental improvement, but not a broad pronouncement [NT] - Frank L - 12:45pm 2/3/19
          • This issue is not really partisan, though. It's libertarian vs. statist, not right vs. left. - NedoftheHill - 1:07pm 2/3/19
            • Agree, but you are also talking judicial restraint versus activism. Roberts likes to decide - Frank L - 1:19pm 2/3/19
              • Judicial restraint vs. activism. OK. How does "deciding narrowly" figure into that? - NedoftheHill - 9:50pm 2/3/19
                • As usual you overstate things. First of all it’s an excessive fines claim under the 8th Amendment. - Frank L - 10:12pm 2/3/19
                  • Incorrect. No fine is levied and collected. All cash is taken regardless of amount. You are reaching - NedoftheHill - 11:15pm 2/3/19
                    • I don’t think it’s okay. I am predicting what the Court may do. - Frank L - 7:54am 2/4/19
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