A recent civil court decision in New York was promptly appealed by Donald Trump, whose legal team credited former liberal Supreme Court Justice Ruth Bader Ginsburg for their tactic.
Trump’s appeal of a $454 million ruling by Judge Arthur Engoron, who discovered that his real estate company inflates asset valuations for advantageous contracts, is significantly influenced by Ginsburg’s earlier ruling. Ginsburg unanimously upheld the applicability of the Eighth Amendment’s prohibition on exorbitant penalties to state court proceedings in her 2019 decision in Timbs v. Indiana.
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President Trump recited a passage from the Eighth Amendment during a recent Fox News town hall, which says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Indiana suffered a setback in the Timbs case when the state attempted to take Tyson Timbs’ $42,000 Land Rover due to around $10,000 in penalties from a criminal prosecution.
“The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause,” At the time, the Supreme Court concluded.
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