WASHINGTON — The question of whether the Constitution’s prohibition on excessive fines applies to state and local governments seemed to strike the Supreme Court as something of a constitutional no-brainer Wednesday.
“Here we are in 2018 still litigating incorporation of the Bill of Rights,” said Justice Neil Gorsuch, referring to the judicial process of ensuring fundamental rights are protected against actions of the states. After Indiana Solicitor General Thomas Fisher hedged, Gorsuch seemed incredulous.
“Really? C’mon, general,” he said.
The court seemed more than ready to rule for Tyson Timbs of Marion, Ind., who had his $42,000 Land Rover seized after he was arrested for selling a couple hundred dollars worth of heroin. The ruling would also reinforce efforts to limit civil forfeitures, which critics say empower localities and law enforcement to seize property of someone suspected of a crime as a revenue stream.
“If we look at these forfeitures that are occurring today … many of them seem grossly disproportionate to the crimes being charged,” Justice Sonia Sotomayor said.
