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9-0: SCOTUS Rules That Eighth Amendment’s “Excessive Fines” Clause Applies To The States
Hotair ^ | 02/20/2019 | AllahPundit

Posted on 02/20/2019 1:32:07 PM PST by SeekAndFind

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1 posted on 02/20/2019 1:32:07 PM PST by SeekAndFind
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To: SeekAndFind

Boom! There goes asset forfeiture.

I’s a good day today.


2 posted on 02/20/2019 1:33:57 PM PST by sevlex
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To: sevlex

So is Ginsberg back?


3 posted on 02/20/2019 1:35:30 PM PST by erkelly
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To: sevlex

I guess that means no “El Chapo” billions (if they even existed & were recoverable!) for the wall.


4 posted on 02/20/2019 1:36:40 PM PST by Reily
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To: sevlex

Now they need to instruct the states to return all the assets they unlawfully confiscated.


5 posted on 02/20/2019 1:41:01 PM PST by jimbug
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To: SeekAndFind

Good. Now how about the “Shall not be infringed” phrase in the second amendment?


6 posted on 02/20/2019 1:41:49 PM PST by JimRed ( TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: SeekAndFind

It’s not the Benjamins it about the Wall


7 posted on 02/20/2019 1:43:53 PM PST by keving (We the government)
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To: sevlex

Yes but you will have to go to court to get them to stop it.


8 posted on 02/20/2019 1:44:13 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Reily

Since El Chapo is not a citizen of the US, the Privileges or Immunities Clause would not apply. However, the Due Process Clause would.

More cases and rulings are needed to determine this.


9 posted on 02/20/2019 1:45:01 PM PST by proxy_user
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To: SeekAndFind

I wonder if the Eighth Amendment applies to $135,000 fines imposed on bakers who offended a fag.


10 posted on 02/20/2019 1:46:09 PM PST by fwdude (Think about it: Blacks were made slaves in Africa, but were made free men in America.)
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To: SeekAndFind

In this case, the plaintiff was actually tried and found guilty of the offense. Many of these forfeitures occur without a trial and often without even an arrest. The inference is that those actions are out of the question going forward. But, in this crazy justice land that we live in these days, it may require another case to put an end to that questionable actions.


11 posted on 02/20/2019 1:46:33 PM PST by centurion316
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To: erkelly
So is Ginsberg back?

Yes, apparently yesterday. It's hearsay, but I'll leave that to others.

12 posted on 02/20/2019 1:47:27 PM PST by fwdude (Think about it: Blacks were made slaves in Africa, but were made free men in America.)
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To: SeekAndFind

9-0...........Boy, that was a close one!.................


13 posted on 02/20/2019 1:47:28 PM PST by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
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To: fwdude

We shall see.....................


14 posted on 02/20/2019 1:48:12 PM PST by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
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To: erkelly

“So is Ginsberg back?”

She also (allegedly) authored a concurring opinion on the last two pages of NEW PRIME INC. v. OLIVEIRA on January 15th, 2019.

Short answer is, absent some kind of evidence, who knows?


15 posted on 02/20/2019 1:49:09 PM PST by Dalberg-Acton
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To: sevlex

Not that simple. The court didn’t decide today to end civil asset forfeiture. It didn’t even decide if the forfeiture in this case was “excessive.” There is a long way to go in this area of the law.


16 posted on 02/20/2019 1:49:35 PM PST by TexasGurl24
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To: fwdude

Yes. It does.


17 posted on 02/20/2019 1:50:03 PM PST by TexasGurl24
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To: SeekAndFind

Remember the oral arguments in this case? Sure you do.


That’s too funny. Most people aren’t USSC geeks.


18 posted on 02/20/2019 1:51:33 PM PST by sparklite2 (Don't mind me. I'm just a contrarian.)
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To: Reily

He isn’t a citizen...so we can do what we please!


19 posted on 02/20/2019 1:52:25 PM PST by rlmorel (Leftists: They believe in the "Invisible Hand" only when it is guided by government.)
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To: JimRed

That’s what I’m thinking. Will this extend to the unconstitutional red flag laws sprouting up all over the states?


20 posted on 02/20/2019 1:54:49 PM PST by RandallFlagg (Fact: Gun control laws kill innocents.)
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