Supreme Court Will Decide If Civil Forfeiture Is Unconstitutional, Violates The Eighth Amendment

[Greoric]

Was Eisenhower a neocon? i recall him being angry about "liberal judges" ruling against government in 1st Amendment cases.

Then there is every major Republican since Nixon including Trump.

Yeah I'm sure exceptions exist. Its still pretty much stands that no platform outside of neocons support things like CAF laws. If you have a counter group that does, I'm all eye balls.

 

[Dirt Road Soldier]

Heres to hoping SCOTUS rules properly this time. Thankfully I have hope since this is an amazing example of the police woefully overstepping

 

[Quequeg]

Yeah I'm sure exceptions exist. Its still pretty much stands that no platform outside of neocons support things like CAF laws. If you have a counter group that does, I'm all eye balls.

Trump and Sessions support it, NeoCons?

 

[JamesRussler]

I am pretty excited about this case. I think it will be the best one of next term. Civil forteture and excessive fines are the worst tools of the government. I think the Supreme Court will be very sympathic to the litigants arguments here

https://www.forbes.com/sites/nicksi...l-violates-the-eighth-amendment/#2847766e7165

Oh god, I hope they rule it unconstitutional, or severely limit it. Perhaps I'd feel differently if I had more faith in the system, but civil forfeiture is just too easy to abuse.

 

[Judge]

I am pretty excited about this case. I think it will be the best one of next term. Civil forteture and excessive fines are the worst tools of the government. I think the Supreme Court will be very sympathic to the litigants arguments here

https://www.forbes.com/sites/nicksi...l-violates-the-eighth-amendment/#2847766e7165

I could see Trump being against the civil forfeit. Trump is not a lifelong politician.

#WINNINGWITHTRUMP

Oh god, I hope they rule it unconstitutional, or severely limit it. Perhaps I'd feel differently if I had more faith in the system, but civil forfeiture is just too easy to abuse.

I would like to see them teabag it.

 

[ocfightfan]

I remember when I was a kid and they started ramping this stuff up and it seemed like a good idea. "Drug dealers are bad and they shouldn't benefit from their crimes" was the reasoning. What I didn't understand at the time is how government officials could abuse their power and civil forfeiture creates bad incentives for government agencies to boost their budgets. I've seen too many cases where this is used to hurt innocent people to keep those illusions. We need serious reform of this sooner rather than later.

 

[Bald1]

I find it amazing how everyone seems to be against civil assets forfeiture, yet it persists. Its existence takes the quote “Democracy is direct self-government, over all the people, by all the people, for all the people.” and wipes ass with it.

 

[Cubo de Sangre]

I find it amazing how everyone seems to be against civil assets forfeiture, yet it persists.

Everyone's against scumbag lawyers turned scumbag politicians, but we keep electing them to positions that control our lives.

 

[Bald1]

Everyone's against scumbag lawyers turned scumbag politicians, but we keep electing them to positions that control our lives.

Hey now. You guys elected a reality show star and we elected a snowboard instructor. There's hope yet!

 

[RerouteToRemain]

Everyone's against scumbag lawyers turned scumbag politicians, but we keep electing them to positions that control our lives.

 

[Cubo de Sangre]

You guys...

Ha! I just live here, bro.

 

[waiguoren]

So originally the Bill of Rights only applied to the federal government. After the ratification of the 14th amendment in 1868 the Supreme Court found that some of the Bill of Rights applies to the State governments. I.e. the State of New York can not have a state church because of this doctrine. However the Supreme Court only finds incorporation on a case by case basis so it did not find that the entire Bill of Rights applies to the states. This case allows the Courts to find that the 8th amendments excessive fines provision applies to state governments.

Actually, I'm pretty sure the Establishment Clause has never been incorporated.

Edit: I misremembered.

 

[M3t4tr0n]

I could see Trump being against the civil forfeit. Trump is not a lifelong politician.

#WINNINGWITHTRUMP



I would like to see them teabag it.

https://www.google.com/amp/s/amp.usatoday.com/amp/415018002

But many of the owners who’ve had their property confiscated by the feds aren’t convicted criminals like Shkreli, they’re innocent people never even charged with a crime, much less convicted of one. A whopping 87% of DOJ forfeiture cases involve civil, not criminal, forfeiture — meaning no conviction is required. Under U.S. Attorney General Jeff Sessions, the Trump administration has doubled-down on this controversial practice.

 

[Lord Coke]

Actually, I'm pretty sure the Establishment Clause has never been incorporated.

https://en.wikipedia.org/wiki/Everson_v._Board_of_Education

 

[waiguoren]

https://en.wikipedia.org/wiki/Everson_v._Board_of_Education

Thanks. I misremembered. I was thinking of Town of Greece v Galloway, in which only Thomas rejected incorporation of the Establishment Clause.

 

[waiguoren]

Oh god, I hope they rule it unconstitutional, or severely limit it. Perhaps I'd feel differently if I had more faith in the system, but civil forfeiture is just too easy to abuse.

Federalism be damned, huh?

Madison and Jefferson are spinning in their graves.

 

[Makani]

Going to be pretty funny watching police departments scramble to make up budget shortfalls.

 

[Protectandserve]

Civil forfeiture is ripe for abuse. I will be happy to see them put some severe restrictions on it or ban it outright.

 

[High Altitude]

In some cases the cops will pull people over, take the money, and let the person go with no charges. Most fucked up thing ever. You would think it would be a slam dunk in the scotus, but I have my doubts.

 

[IdahoCBR]

A word to the wise: If you're ever driving around with any amount of cash you dont want to be confiscated, keep a bank receipt with you showing where the money came from.

If you pull $10k worth of cash out of your account to buy a motorcycle, keep a bank receipt showing that $10k was withdrawn from your account. If you win a bunch of money gambling in Vegas, get that shit transferred into a cashier's check in your name before you leave town. It's pathetic the levels law enforcement will stoop to but nobody should be surprised by this. At this point, they can be considered the largest organized crime syndicate in the country with how many highwaymen they have patrolling the Interstates