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U.S. Supreme Court,
Constitutional Law

Feb. 22, 2019

An Eighth Amendment takings case

We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV.

Michael M. Berger

Senior Counsel
Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.

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An Eighth Amendment takings case
Justice Ruth Bader Ginsburg, right, wrote the majority opinion in Timbs v. Indiana, in which she quoted her good friend, the late Justice Antonin Scalia, left. Justice Clarence Thomas, center, wrote a concurring opinion finding that the proper vehicle for incorporating the bar on excessive fines is through the privileges or immunities clause rather than the due process clause of the Fourteenth Amendment. (New York Times News Service)

TAKINGS TALK

We have a different kind of takings case for you today. This one involves the state of Indiana's seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by holding that the "excessive fines clause" of the Eighth Amendment is incorporated into the due process that is guaranteed to...

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