Court: Constitutional ban on high fines applies to states

Justice Ruth Bader Ginsburg wrote the court’s opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs’ $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.

Posted: Feb 20, 2019 12:32 PM

WASHINGTON (AP) — The Supreme Court ruled unanimously Wednesday that the Constitution’s ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.

Justice Ruth Bader Ginsburg wrote the court’s opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs’ $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.

Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines “out of accord with the penal goals of retribution and deterrence” because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.

Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.

Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana’s top court said the justices had never ruled that the Eighth Amendment’s ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.

The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.

“The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide,” said Sam Gedge, a lawyer with the Institute for Justice.

Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs.

As it did in earlier cases applying parts of the Bill of Rights to the states, the court based its decision on the part of the 14th Amendment that says “no state shall deprive any person of life, liberty or property without due process of law.” That same provision, the due process clause, also was used in cases that established a woman’s right to an abortion and knocked down state laws against interracial marriage and gay sex.

The 14th Amendment was passed after the Civil War to ensure the rights of newly freed slaves.

Justice Clarence Thomas wrote separately to say he would have used a different part of the 14th amendment to achieve the same result. Thomas has long been a critic of the court’s application of the due process clause, which also is found in the Fifth Amendment. He wrote that cases that employ the provision “are some of the court’s most notoriously incorrect decisions,” including the abortion rights landmark case Roe v. Wade and the 1857 Dred Scott case that held that African-Americans were not citizens.

Thomas said he would have relied on the Constitution’s language forbidding states from making or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States.”

Justice Neil Gorsuch also expressed his preference for the privileges or immunities clause.

The case is Timbs v. Indiana, 17-1091.

Indiana Coronavirus Cases

(Widget updates once daily at 8 p.m. ET)

Confirmed Cases: 31715

Reported Deaths: 1984
CountyConfirmedDeaths
Marion9189533
Lake3299167
Cass15826
Allen127766
St. Joseph117034
Hendricks112367
Hamilton109992
Johnson1082104
Elkhart100827
Madison58258
Porter48721
Bartholomew48033
Clark45838
LaPorte40821
Tippecanoe3733
Jackson3611
Howard35618
Delaware35434
Hancock31927
Shelby31421
Floyd31338
Boone28235
Morgan26124
Vanderburgh2482
Montgomery22717
White2268
Decatur22431
Clinton2151
Noble18520
Grant18520
Harrison18521
Dubois1822
Greene16723
Warrick16426
Dearborn16221
Monroe16010
Henry1597
Vigo1477
Lawrence14322
Miami1391
Putnam1337
Jennings1274
Orange12422
Scott1183
Ripley1126
Franklin1068
Carroll922
Kosciusko861
Daviess8216
Steuben792
Newton7410
Wabash722
Wayne695
Fayette654
Marshall641
LaGrange602
Jasper561
Washington521
Fulton471
Rush452
Jay430
Jefferson411
Randolph403
Pulaski390
Clay391
Whitley392
Brown331
Sullivan321
Starke313
Owen311
DeKalb291
Perry270
Huntington262
Benton250
Knox240
Crawford230
Wells230
Tipton221
Blackford201
Switzerland190
Fountain182
Parke170
Posey170
Spencer161
Gibson142
Ohio130
Adams121
Warren121
Vermillion90
Martin90
Union80
Pike60
Unassigned0152

Illinois Coronavirus Cases

(Widget updates once daily at 7 p.m. CT)

Confirmed Cases: 112017

Reported Deaths: 4885
CountyConfirmedDeaths
Cook730973324
Lake7723250
DuPage7207340
Kane5761152
Will5188258
Winnebago195351
McHenry142767
St. Clair99172
Kankakee79942
Kendall71419
Rock Island63622
Champaign5647
Madison53954
Boone39716
Sangamon33126
DeKalb3253
Randolph2593
Jackson22810
McLean21110
Ogle1922
Stephenson1902
Macon18819
Peoria1797
Clinton17716
Out of IL1641
Union1417
LaSalle14012
Whiteside13410
Iroquois1304
Coles1169
Warren1140
Unassigned1100
Jefferson10116
Knox940
Monroe9211
Grundy892
McDonough835
Lee771
Cass670
Henry670
Tazewell673
Williamson551
Marion500
Jasper457
Adams441
Macoupin411
Perry410
Pulaski400
Montgomery391
Vermilion391
Morgan341
Christian334
Livingston312
Douglas270
Jo Daviess270
Fayette202
Ford201
Jersey201
Washington180
Mason170
Menard170
Woodford172
Shelby161
Bureau151
Mercer150
Carroll132
Hancock130
Franklin120
Crawford110
Fulton110
Piatt110
Bond101
Brown100
Clark100
Cumberland100
Logan100
Moultrie100
Schuyler100
Wayne91
Alexander80
Henderson80
Johnson70
Massac70
Saline70
Effingham61
Greene50
Marshall50
De Witt40
Lawrence40
Richland30
Stark30
Clay20
Edwards20
Gallatin20
Hamilton20
Wabash20
White20
Calhoun10
Hardin10
Pike10
Pope10
Putnam10
Edgar00
Terre Haute
Scattered Clouds
80° wxIcon
Hi: 87° Lo: 67°
Feels Like: 84°
Robinson
Clear
79° wxIcon
Hi: 86° Lo: 66°
Feels Like: 81°
Indianapolis
Broken Clouds
79° wxIcon
Hi: 87° Lo: 67°
Feels Like: 81°
Rockville
Scattered Clouds
74° wxIcon
Hi: 85° Lo: 66°
Feels Like: 74°
Casey
Few Clouds
80° wxIcon
Hi: 83° Lo: 66°
Feels Like: 82°
Brazil
Scattered Clouds
80° wxIcon
Hi: 85° Lo: 66°
Feels Like: 84°
Marshall
Scattered Clouds
80° wxIcon
Hi: 87° Lo: 66°
Feels Like: 84°
No Major Changes
WTHI Planner
WTHI Temps
WTHI Radar

WTHI Events