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Old September 15th, 2018, 12:06 PM #1
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Timbs v. Indiana

This thread is to make the SCOTUS civil forfeiture case easier to find, when the term starts.

Issue: Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.

http://www.scotusblog.com/case-files...mbs-v-indiana/

https://www.mdshooters.com/showthrea...ighlight=Timbs

Docket 17-1091
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Old October 15th, 2018, 07:15 AM #2
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Oral arguments are docketed for Wednesday, November 28th

https://www.supremecourt.gov/oral_ar...ember2018.html
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Old October 15th, 2018, 08:41 AM #3
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Civil seizures, as their used today at the state and local level, are an affront to the 5th, 8th, and 14th amendments. Hopefully we'll see a SCOTUS smackdown against the states when it's over.
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Old October 15th, 2018, 11:20 AM #4
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Quote:
Originally Posted by Allen65 View Post
Civil seizures, as their used today at the state and local level, are an affront to the 5th, 8th, and 14th amendments. Hopefully we'll see a SCOTUS smackdown against the states when it's over.
Imagine if Kavenaugh casts the deciding vote that bans them.

They will suddenly become "An Amazing Tool of Law Enforcement Taken Away."
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Old November 24th, 2018, 08:00 AM #5
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SET FOR ARGUMENT ON Wednesday, November 28, 2018
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Old November 24th, 2018, 10:41 AM #6
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Quote:
Originally Posted by gprimr1 View Post
Imagine if Kavenaugh casts the deciding vote that bans them.

They will suddenly become "An Amazing Tool of Law Enforcement Taken Away."
It's a tool they never should have had in the first place. Its origins in Admiralty Law had it being used in cases where goods or vessels were seized for failure to pay taxes or duties, especially where vessel owners, shippers, or consignees were outside the jurisdiction of the seizing authority.

That bears little resemblance to how civil forfeiture is used today as an end run around due process for suspected, conventional domestic crime, yet it's the basis for considering the practice "long standing".
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Old November 28th, 2018, 12:45 PM #7
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Bump

Being heard today
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Old November 28th, 2018, 01:59 PM #8
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SCOTUS does not broadcast live, but the link to the arguments should appear here (https://www.supremecourt.gov/oral_ar...ent_audio/2018) on Friday.
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Old November 28th, 2018, 01:59 PM #9
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looks like it will be a win , case is about the 8th but the same logic (either Kavanaugh or Goursch) brought up should be brought up

What you don't think the BOR applies to states ?
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Old November 28th, 2018, 02:53 PM #10
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Today's transcript is available

https://www.supremecourt.gov/oral_ar...-1091_1bn2.pdf
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