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You seem to have a more accurate perspective on this case than most of the comments. Thank you for posting.

But I'm still confused on one point: It seems like the supreme court has already ruled that the 8th Amendment applies to the states in Roper v. Simmons[0], Robinson v. California [1], and others. To me this pretty directly means that a state law dictating a cruel and unusual punishment is unconstitutional.

So if supreme court isn't deciding whether cruel and unusual punishments at the state level are unconstitutional in general (a previous ruling), and it isn't deciding whether this specific civil forfeiture was cruel and unusual (a decision to be made by the state court), what exactly are they deciding? Is there some unplugged hole in the middle, like whether any CF case (regardless of details) could be cruel and unusual? Or is there some other reason that the previous rulings don't apply here?

[0] https://www.oyez.org/cases/2004/03-633

[1] https://www.oyez.org/cases/1961/554




You can track the progress of the case through SCOTUSBlog [1] with associated filings like the writ of certiorari [2]. The precise question presented in this case is:

> Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment

[1] http://www.scotusblog.com/case-files/cases/timbs-v-indiana/

[2] http://www.supremecourt.gov/DocketPDF/17/17-1091/33939/20180...


Apparently[1] it is not about the 8th amendment as a whole, but only about the excessive-fines clause. Everyone seems to agree that the rest of the amendment has already been incorporated.

[1]: http://reason.com/volokh/2018/06/19/supreme-court-will-hear-...




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