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Old 02-20-2019, 09:49 AM
 
Location: Living rent free in your head
42,850 posts, read 26,307,990 times
Reputation: 34059

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It's about time, asset forfeiture has become a bottomless piggy bank for some law enforcement agencies


Quote:
The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.

Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the 8th Amendment’s Excessive Fines Clause protects against government retribution.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” 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.”
https://www.washingtonpost.com/polit...=.5042844ecc81
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Old 02-20-2019, 10:56 AM
 
19,573 posts, read 8,526,696 times
Reputation: 10096
It will be interesting to see this applied to state laws designed to harass and terrorize Christian merchants by requiring them to make products that are contrary to their long-held religious beliefs and practices, or else be given fines well into six figures that appear to be designed to push these merchants into a state of financial ruin, if possible.

Surely these laws are going to be challenged under this ruling and rightfully so.

Last edited by Spartacus713; 02-20-2019 at 11:23 AM..
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Old 02-20-2019, 11:01 AM
 
Location: Living rent free in your head
42,850 posts, read 26,307,990 times
Reputation: 34059
Quote:
Originally Posted by Spartacus713 View Post
It will be interesting to see this applied to state laws designed to harass and terrorize Christian merchants by requiring them to make products that are contrary to their long-held religious beliefs and practices regards, or else be given fines well into six figures, that appear to be designed to push these merchants into a state of financial ruin, if possible.

Surely these laws are going to be challenged under this ruling and rightfully so.
I am not aware of asset forfeiture being used against Christian merchants, maybe you could explain to me how that happens?
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Old 02-20-2019, 11:04 AM
 
34,300 posts, read 15,664,869 times
Reputation: 13053
Unanimous decision suggest there is no political influence on the decision. Its nice to see the leftist members of the court acting like textualist and applying the constitution like textualist.
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Old 02-20-2019, 11:09 AM
 
Location: SoCal
3,877 posts, read 3,899,677 times
Reputation: 3263
Wow, this is a win for the people!! Great to see all 9 justices do what's right for the country. States, and local municipalities will have to find legit means to fund themselves.
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Old 02-20-2019, 11:11 AM
 
Location: SoCal
3,877 posts, read 3,899,677 times
Reputation: 3263
Quote:
Originally Posted by phma View Post
Unanimous decision suggest there is no political influence on the decision. Its nice to see the leftist members of the court acting like textualist and applying the constitution like textualist.
I can say the same for the conservative wing. It does however make me extremely happy to see a unanimous decision being met especially on something like this where the least fortunate among us get hit the hardest.
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Old 02-20-2019, 11:21 AM
 
Location: OH->FL->NJ
17,005 posts, read 12,602,310 times
Reputation: 8930
EXCELLENT.

Policing for profit was always a horrible idea.

It is interesting how it evolved from "taking the money from drug lords" to taking money from whomever was convenient.
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Old 02-20-2019, 11:26 AM
 
19,573 posts, read 8,526,696 times
Reputation: 10096
Quote:
Originally Posted by ottomobeale View Post
EXCELLENT.

Policing for profit was always a horrible idea.

It is interesting how it evolved from "taking the money from drug lords" to taking money from whomever was convenient.
If you think about it, government is eerily similar to a mafia "protection" racket. They provide you with protection, for a fee, whether you like it or not. If you do not pay, they make you pay. If they want more, they push as far as they can to take more.

This is the beauty of our system. Sometimes it even works. There are checks and balances and ways to try to at least restrain this monster a little bit, if only for a while, before you have to do it again.
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Old 02-20-2019, 11:30 AM
 
34,300 posts, read 15,664,869 times
Reputation: 13053
Quote:
Originally Posted by sean1the1 View Post
I can say the same for the conservative wing. It does however make me extremely happy to see a unanimous decision being met especially on something like this where the least fortunate among us get hit the hardest.

You could say it but it would be a lie.
All the justices applied the constitution the way it was written including RBG who announced it.

The decision is a big set back to law enforcement advocates for highway robbery. The days of the Sherriff of Nottingham robing the hood are over.
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Old 02-20-2019, 12:33 PM
 
Location: Minnysoda
10,659 posts, read 10,733,702 times
Reputation: 6745
I wonder if this applies to State DNR's? 1 too many fish in your basket and they take your truck.......
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