SCOTUS opinions for 2/20/19 (excessive fines clause incorporated against the States) (States must offer equal tax exemptions to Federal and State law enforcement retirees)

First link is to the Scotusblog record for the case, the second link is to the Opinion of the Court.

The Supreme Court ruled 9 to 0, in an opinion by Justice Ginsburg, that the excessive fines clause of the Eighth Amendment is indeed incorporated against the States under the 14th Amendments due process clause.

Holding : The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.

The only surprise here is that it took until the year 2019 to do this. :smile:

First link is Scotusblog record, second link is Opinion of the Court.

Holding : By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.

The ruling was 9 to 0 in an opinion by Justice Gorsuch and not at all surprising.

Hopefully the timbs ruling will be the start of the end of civil forfeiture abuse…

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