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SCOTUS says constitutional protection against excessive fines applies to state action
#7
It will be interesting to see how this part of Ginsberg's decision;

Quote:“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.”
is used in suits brought by the NRA against, for example, the state of New York.
https://www.cnn.com/2018/08/04/us/nra-new-york-lawsuit/index.html
Quote:The lawsuit, when it was originally filed in the US District Court for Northern New York, came days after the Department of Financial Services fined several insurance companies hundreds of thousands of dollars for participating in an NRA-backed liability insurance program for gun owners.

The state also secured agreements from those companies not to offer such insurance again.


Seems to me like a clear case of judicial precedent was set today to soundly defeat this blatant abuse of governmental power.

Of further interest is how this could possibly affect laws like this;

https://www.newsweek.com/los-angeles-passes-law-new-businesses-disclose-any-ties-nra-1329421

Is blacklisting a business because of NRA ties the same as fining them?  A legal argument could easily be made that depriving someone of their livelihood because of political ties has the same deleterious effect.





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RE: SCOTUS says constitutional - bfine32 - 02-20-2019, 07:42 PM
RE: SCOTUS says constitutional protection against excessive fines applies to state action - Sociopathicsteelerfan - 02-20-2019, 04:46 PM

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