This decision will provide Americans robust constitutional protection against exorbitant fines imposed by local governments.
Jon Miltimore
Foundation for Economic Education
The Supreme Court on Wednesday unanimously ruled that state and local governments are subject to constitutional prohibitions on “excessive fines” on citizens.
This decision will provide Americans robust constitutional protection against exorbitant fines imposed by local governments.
“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Justice Ruth Bader Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies. . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.”
#NEW #scotus Justice Ruth Bader Ginsburg #RBG returns to the bench today, after being absent from oral arguments while recovering from lung cancer surgery.
— Kevin Corke (@kevincorke) February 19, 2019
The 85-year-old justice will preside with her eight colleagues at the one-hour oral argument at 10am ET
Re Timbs v Indiana #SCOTUS ruling: 1. It’s gratifying that the Supreme Court unanimously agreed that the Excessive Fines Clause applies to the states, meaning that states can’t fine you in a way that’s wholly disproportionate to the offense you commit. #CatoSCOTUS #CatoCJ
— Ilya Shapiro (@ishapiro) February 20, 2019
The ruling is a big win for property rights. Civil asset forfeiture is a widespread and unjust practice that often affects the most vulnerable people in American society.
The Supreme Court’s ruling won’t end the practice, but it will limit the abuse. The rest of the work will be left up to states and local governments.
As I recently noted, 11 states — California, Connecticut, Iowa, Minnesota, Missouri, Montana, Nevada, New Hampshire, Ohio, Oregon, and Vermont — have laws that prevent law enforcement from seizing property from people who have not been convicted of a crime. Three states — North Carolina, New Mexico, and Nebraska — have abolished civil forfeiture entirely.
You can read more about the practice here:
Jonathan Miltimore is the Managing Editor of FEE.org, where this article first appeared. Used with the permission of the publisher. Mr. Miltimore's writing/reporting has appeared in TIME magazine, The Wall Street Journal, CNN, Forbes, Fox News, and the Washington Times. You can reach him at This email address is being protected from spambots. You need JavaScript enabled to view it. .
