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Response to Eugene (Original post)

Wed Feb 20, 2019, 11:20 AM

4. RBG putting in work!

She wrote and announced the opinion:

https://www.washingtonpost.com/politics/courts_law/supreme-court-says-constitutional-protection-against-excessive-fines-applies-to-state-actions/2019/02/20/204ce0d4-3522-11e9-af5b-b51b7ff322e9_story.html?noredirect=on&utm_term=.07e04a4955e5

Justice Ruth Bader Ginsburg, on just her second day back on the bench after undergoing cancer surgery in December, announced the decision for the court, saying that the 8th Amendment’s Excessive Fines Clause protects against government retribution.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.”

Ginsburg’s opinion makes clear that the clause applies, and that it is “incorporated” under the 14th Amendment’s Due Process Clause. Justices Thomas and Neil M. Gorsuch agreed with the outcome, but said they would have relied on a different part of the 14th Amendment.

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