The NCSL Blog


By Lisa Soronen

The issue in Timbs v. Indiana is whether the Eighth Amendment Excessive Fines Clause applies to the states.

The Supreme Court buildingThe State and Local Legal Center (SLLC) Supreme Court amicus brief rejects the argument that the 14th Amendment incorporates all rights included in the first eight amendments. It also argues that the forfeiture in this case isn’t unconstitutionally excessive. (NCSL did not join the brief).

Indiana sought to forfeit Tyson Timbs’ Land Rover which he used to buy and transport heroin. The trial court accepted Timbs’ challenge that the fine would be excessive per the Eighth Amendment which states that “excessive bail shall not be required, nor excessive fines imposed.” The court observed that the value of the vehicle well exceeded the maximum statutory fine ($10,000) for the felony Timbs plead guilty to.

The Indiana Supreme Court decided not to apply the Excessive Fines Clause to Indiana because the U.S. Supreme Court had yet to apply it.

After the passage of the 14th Amendment, the U.S. Supreme Court began to “apply various provisions of the Bill of Rights to the States through the doctrine of selective incorporation.” But the U.S. Supreme Court has never held whether the Eighth Amendment’s Excessive Fines Clause is enforceable against the states.

Interestingly, in Cooper Industries v. Leatherman Tool Group (2001), the court stated in dicta (language in the opinion not essential to the holding of the case) that the Excessive Fines Clause does apply to the states.

But in McDonald v. Chicago (2010), the court stated, again in dicta and without mentioning Cooper, it has never decided whether the Excessive Fines Clause applies to the states.

The SLLC amicus brief argues that the historical evidence that the 14th Amendment was originally understood to incorporate the first eight amendments, as Timbs argues, is “deeply unsatisfactory.”

The brief also argues that the forfeiture in this case wasn’t excessive. First, Timbs' use of the Land Rover was integral in his heroin operation. Second, depriving Timbs of his Land Rover is roughly proportional. And, finally, transporting heroin is a serious offense.

Lawrence Rosenthal, Chapman University, Fowler School of Law, wrote the SLLC amicus brief which the following organizations joined: the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the International City/County Management Association and the International Municipal Lawyers Association.

Lisa Soronen is executive director of the State and Local Legal Center and a frequent contributor to the NCSL Blog.

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This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.