Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Civil forfeiture is a popular way to raise revenue, and its use has been the subject of widespread criticism across the political spectrum.
The Supreme Court has ruled that the Eighth Amendment, which bars “excessive fines,” limits the ability of the federal government to seize property. On Wednesday, the court ruled that the clause also applies to the states.
There's an element of insanity to it all: it's so difficult to believe that police are allowed to seize and sell people's property that it was correspondingly difficult to get people to accept that it is a widespread practice, rather than some kind of swivel-eyed libertarian conspiracy theory.
Virtually every faction in American politics was firmly against it: the left, liberals, libertarians, movement conservatives, even Trumpkins. In fact, the only person I ever met who sincerely defended civil forfeiture was a self-described "moderate", a centrist.