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re: How does Trump’s half billon dollar bond in NY not violate the 8th amendment?
Posted on 3/19/24 at 11:36 am to N.O. via West-Cal
Posted on 3/19/24 at 11:36 am to N.O. via West-Cal
quote:
Here, the judgment is 464 mm, so I don't see why the bond requirement is excessive; you generally have to post bond to cover the judgment. The problem, though, and it strikes me as a huge problem for the state, is that the judgment itself is an excessive fine and therefore violative of the 8th Am.
I'm not sure it's a violation of the 8th amendment but I admittedly haven't looked into it.
But your post is what most are skipping over. It's a bond to cover appeal. Which is normal and if the practice is the full amount of judgment then the problem is the absurdity of the judgment, not the bond (in theory). I'm sure there is some constitutional argument to be made about how it effectively eliminates the right to appeal.
1
Posted on 3/19/24 at 4:19 pm to Pettifogger
"I'm not sure it's a violation of the 8th amendment but I admittedly haven't looked into it."
I did a quick search on civil penalties and the 8th Amendment, and it looks like it can get pretty involved and that at least in some cases, governmental entities have gotten away with some significant penalties that sure look and feel like an excessive fine. Gorsuch had a dissent in a recent case raising this issue. It will be interesting to see how this plays out and could open a can of worms.
I did a quick search on civil penalties and the 8th Amendment, and it looks like it can get pretty involved and that at least in some cases, governmental entities have gotten away with some significant penalties that sure look and feel like an excessive fine. Gorsuch had a dissent in a recent case raising this issue. It will be interesting to see how this plays out and could open a can of worms.
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