Excellent, thanks! Prescient foreshadowing by Justice Gorsuch on the upcoming Hennepin County case or just plain frustration from an ardent defender of the individual American and her Constitutional Rights against governmental agency overreach? : "For all these reasons, taking up this case would have been well worth our time. As things stand, one can only hope that other lower courts will not repeat its mistakes."
Time will tell.
I might try to free up that day on my scheduling to go see orals in person, I'll be sure to get back to you if I can go see it.
Clarence, we may see more about the 8th Amendment in not just Tyler, but future tax penalty cases: "Howlett stated that he expects to see future FBAR cases making similar arguments about excessive fines, stating that Toth’s case along with Gorsuch’s dissent, has presented taxpayers with a new avenue for these kinds of disputes, which could crop up in courts in the future.
“If you’re a lawyer going into court, you’re probably trying to fight that penalty determination, but it doesn’t cost you anything to throw in the constitutional argument,” said Howlett.
The Justice Department, which represented the government in the tax case, didn’t respond to a request for comment.
The Supreme Court agreed earlier this month to hear a case challenging the constitutionality of a Minnesota law that could provide more guidance. The law lets local governments keep the surplus value of a home that’s sold to settle tax debts. Though the case focuses on the Fifth Amendment’s Takings Clause, Gedge said it also asks whether the equity theft violates the Eighth Amendment’s Excessive Fines Clause.
“There’s certainly a real possibility that if the Supreme Court reaches that excessive fines question in Tyler that we will get a bit more clarity on what is or is not a fine in the context of civil payments,” he said."
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