November 30, 2018

SCOTUS, the States, Forfeiture, and the Eighth Amendment

The court will likely strike down the abusive practice by law enforcement of excessive civil asset seizures.

In hearing arguments for Timbs v. Indiana, Supreme Court justices made it clear that they weren’t buying the state’s position. The issue is one on which we’ve previously written — law enforcement’s authority to use civil asset forfeiture. Specifically, are state governments bound by the Eighth Amendment, which bans the levying of excessive fines upon individuals suspected of a crime?

Justice Neil Gorsuch expressed incredulity toward the Indiana solicitor general’s argument that the state was not beholden to the Eighth Amendment. “Here we are in 2018 still litigating incorporation of the Bill of Rights,” an exasperated Gorsuch said. “Really? Come on, general.” Gorsuch then rather bluntly told the solicitor general that he was going to lose.

The newest member of the court, Justice Brett Kavanaugh, also weighed in on the issue, asking, “Isn’t it just too late in the day to argue that any of the Bill of Rights is not incorporated?”

And Justice Stephen Breyer asked the hypothetical question, “What is to happen if a state needing revenue says anyone who speeds has to forfeit the Bugatti, Mercedes, or a special Ferrari, or even a jalopy?” The solicitor general answered that there would be no problem with a state authorizing such a law, an answer that the justices clearly found problematic.

The Court is expected to issue its ruling sometime before June. In all likelihood, Indiana will lose this case. The only question is how far the justices will go in demanding that states end this abusive practice.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.