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Supreme Court: Oral Arguments in Timbs v. Indiana

November 28, 2018

Institute for Justice argues civil asset forfeiture law violates Constitution

In oral arguments before the U.S. Supreme Court in November 2018, in Timbs v. Indiana, Institute for Justice attorney Wesley Hottot argued that the Eighth Amendment's protection against excessive fines applies to the states.

In previous decisions, the Supreme Court held the other two clauses of the amendment—cruel and unusual punishment, and excessive bail—apply to the states. The Indiana Supreme Court held that the excessive fines clause had not been incorporated by the 14th Amendment because the U.S. Supreme Court had never ruled specifically that it had been.

Joe Barnett was managing editor of Budget & Tax News, a publication of The Heartland Institute. He now serves as a volunteer policy advisor.