8th Amendment may finally be incorporated to the states!

[historian]

And it will be because of Indiana!

Argument preview: Justices to consider whether Eighth Amendment ban on ?excessive fines? applies to the states - SCOTUSblog

 

[Kutnupe14]

You would think that the incorporation of the BoRs would be an all or nothing decision.

My gut tells me that this has an uphill battle, with this court being mainly conservative.

 

[historian]

You would think that the incorporation of the BoRs would be an all or nothing decision.

My gut tells me that this has an uphill battle, with this court being mainly conservative.

Actually, I think it is pretty close to a slam dunk. I fully expect one of the liberals to write this opinion as everyone gets to write each term and this is non-controversial. The people lining up on the side of the defendant is such a broad spectrum. Judicial Watch to the SPLC.

 

[Kutnupe14]

Actually, I think it is pretty close to a slam dunk. I fully expect one of the liberals to write this opinion as everyone gets to write each term and this is non-controversial. The people lining up on the side of the defendant is such a broad spectrum. Judicial Watch to the SPLC.

Maybe, but there are a LOT of places that love RICO.

 

[T.Lex]

The BOR incorporation should not (at least conceptually) be all or nothing. States should have freedom, within certain parameters, to choose their own path.

Those parameters, of course, are the tricky part.

 

[historian]

Gorsuch just ripped Thomas Fisher a new one.

[FONT=&quot]https://twitter.com/mjs_DC/status/1067812085885796352[/FONT]

 

[T.Lex]

I will withhold my professional view of Solicitor General Tom Fisher.

I will say that I think the Indiana Appellate Court decision in the Timbs case was more in line with how I think it should work.

 

[Hohn]

I'm a fan of federalism and I want the States to be pre-eminent as the Founders intended. I want this CAF to end and end now.

But I'd rather it be done by the duly elected representatives of the people, rather than by SCOTUS smackdown.

 

[historian]

Transcript:

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2018/17-1091_1bn2.pdf

 

[HoughMade]

Someone has to decide what a liberty or property interest is under the 14th Amendment and whether a given portion of the BoR describes such interests.

 

[HonkieKowboy]

I'm expecting some far left retard saying that lower fines are bad because there'll be less money to use for welfare

 

[AtTheMurph]

Someone has to decide what a liberty or property interest is under the 14th Amendment and whether a given portion of the BoR describes such interests.

Come on? You really think that they need to decide what a person's property is? Some property is possessed by title, like this guy's car, and some by possession, copyright, patent, etc.

 

[AtTheMurph]

I'm expecting some far left retard saying that lower fines are bad because there'll be less money to use for welfare

There is unlimited money for welfare. You just pay for it.

 

[historian]

Good summary of the arguments:

Argument analysis: Court appears ready to rule that Constitution?s bar on excessive fines applies to the states - SCOTUSblog

 

[BugI02]

There is unlimited money for welfare. You just pay for it.

Alexandria, is that you?