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Old February 20th, 2019, 08:59 PM #31
Allen65 Allen65 is offline
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Quote:
Originally Posted by ComeGet View Post
This is a great start but only a start. It still allows civil forfeitures, just not "excessive" ones, without definition. It remains a "we'll know it when we see it" thing as to what is excessive. The entire system of taking people's property before they're convicted of anything needs to go away.
The way I see it, this case accomplished two major milestones against civil seizure abuse:

1. It once and for all puts a stake through the heart of any argument by a state that the 14th Amendment doesn't apply to them.
2. It equates civil forfeitures with criminal forfeitures when the purpose is punitive, and therefore BoR protections apply.

Lower courts still need to work out what is truly "excessive" in practice, but state and local jurisdictions can no longer avoid the BoR by pretending a punitive legal action isn't covered because it's conducted under civil procedures rather than criminal.
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Old February 20th, 2019, 09:19 PM #32
Maestro Pistolero Maestro Pistolero is offline
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I'm so glad that was unanimous. In an age where agreement seems increasingly impossible, a glimmer of hope.
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Old February 20th, 2019, 09:19 PM #33
Blacksmith101 Blacksmith101 is offline
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Emphasis added
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(a) The Fourteenth Amendment’s Due Process Clause incorporates and renders applicable to the States Bill of Rights protections “fundamental to our scheme of ordered liberty,” or “deeply rooted in this Nation’s history and tradition.” McDonald v. Chicago, 561 U. S. 742, 767 (alterations omitted). If a Bill of Rights protection is incorporated, there is no daylight between the federal and state conduct it prohibits or requires. Pp. 2–3.
Maryland and other states anti gun laws should be very afraid.
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