United States Supreme Court Incorporates Eighth Amendment to the States in Civil Forfeiture Case

Property rights advocates have watched the Timbs v. Indiana case with great interest because it promises to have nationwide implications on excessive fines and property forfeitures. Today, the United States Supreme Court rendered its unanimous decision in Timbs. Writing for the majority, Justice Ruth Bader Ginsburg states that “Indiana argues that the Excessive Fines Clause [U.S. Constitution] cannot be incorporated if it applies to civil in rem forfeitures. We disagree.”

The decision will have an impact on the property rights of those people whose property may be seized by law enforcement agencies in a scheme known as “policing for Profit”. In a press release issued by the Institute for Justice, which represented Tyson Timbs against the state of Indiana, J. Justin Wilson, IJ Senior Director of Communications states:

“No matter which state you live in, every level of government must now abide by the federal Constitution’s guarantee that property owners will be safe from excessive fines and forfeitures.”

A full version of the IJ Press Release can be found at: https://ij.org/press-release/u-s-supreme-court-rules-unanimously-that-states-cannot-impose-excessive-fines/

In the wake of widespread and well documented abuse of forfeiture laws by state and federal agencies, many states are in the process of reforming civil asset forfeiture laws. 15 states have enacted reforms to require a criminal conviction as a condition of forfeiture. A handful of other states have eliminated it altogether. The Tennessee Legislature continues to struggle with this constitutional issue. A pending bill in Tennessee to limit forfeitures has 15 sponsors; by contrast, a pending South Carolina bill to eliminate forfeiture has over 70 sponsors. The Timbs case has persuaded 73 respected organizations across the political spectrum to participate in legal briefs filed with the U.S. Supreme Court to curtail what they characterize as “unfair and unconstitutional” excessive fines and property forfeitures, The National Chamber of Commerce, American Bar Association, Pacific Legal Foundation, Tennessee Voices for Children, Goldwater Institute, Due Process Institute, and the ACLU just to mention a few.

A full version of the United States Supreme Court decision in Timbs v. Indiana can be found at: https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

Submitted by David Seal David is a long time educator in Jefferson County, as well as a recognized artist and local businessman. He has also served Jefferson County as a County Commissioner and is a lobbyist for the people on issues such as eminent domain and broadband accessibility on the state level.