Prominent SCOTUS Justice Ironically Paved The Way For Big Trump Win

OPINION:  This article contains commentary which may reflect the author’s opinion

Former President Donald Trump promptly appealed a recent court ruling in New York, with his counsel attributing his ability to do so to former liberal Supreme Court Justice Ruth Bader Ginsburg, as stated in files released this week.

Trump’s appeal of a $454 million verdict by Judge Arthur Engoron mainly relies on a previous finding by Ginsburg, which stated that his real estate corporation artificially exaggerated the worth of its assets to secure favorable commercial contracts. Justice Ginsburg wrote for the court in the 2019 Timbs v. Indiana decision, stating that the Eighth Amendment of the U.S. Constitution, which bans excessive fines, applies to state proceedings.

President Trump referenced the Eighth Amendment during a recent Fox News town hall, which prohibits excessive bail, penalties, and cruel and unusual punishments, in which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The Timbs case dealt a setback to Indiana when it tried to seize a $42,000 Land Rover belonging to Tyson Timbs, a local who owed around $10,000 in fines from a criminal case.

The Supreme Court determined that the Excessive Fines Clause of the Eighth Amendment is a safeguard that applies to the States through the Due Process Clause of the Fourteenth Amendment.

Ginsburg stated that the Excessive Fines Clause ban continues to provide safeguards that may be traced back to historical sources such as Magna Carta, the English Bill of Rights, and state constitutions from the colonial era to the current day. Throughout Anglo-American history, protection against exorbitant fines has consistently served as a crucial safeguard since such fines might erode other freedoms.

She noted that they can be utilized to punish against or intimidate the speech of political adversaries. “They can be used, e.g., to retaliate against or chill the speech of political enemies,” she observed.

An investigation conducted by the Associated Press on 150 civil fraud cases spanning 70 years determined that President Trump’s case is the only significant business case where shutdown was imminent without clear evidence of victims and substantial damages, as reported by the Western Journal.

Legal experts believe that the Republican may have a strong argument that the large fine imposed is excessive for a case without any fraud victims, despite the Democrat New York Attorney General threatening to seize Trump’s skyscrapers.

Conservative scholar Mark Levin stated on Fox News that the 8th amendment and the Supreme Court’s latest decision are crucial in addressing New York’s effort to authorize the confiscation of President Trump’s property. “The key to dealing with New York’s attempt to legalize the stealing of President Trump’s property is the 8th amendment and the Supreme Court’s most recent ruling,” he said.  

WATCH: 

Justice Ginsburg, who passed away in 2020, openly criticized President Trump and spoke about the danger he poses to democracy.

“He has no consistency about him,” the justice told CNN. “He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that.”

Asked about where the country would head under a second Trump term, Ginsburg said ominously, “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”

She later apologized for politicizing her position on the court.

“Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect,” she said, calling her statements “ill-advised.”

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