Timbs v. Indiana
Case Details
- Case No.: 17-1091
- Jurisdiction: United States Supreme Court
Key Topics in the Case
- State Courts, Federal Defenses, Non-Discrimination Rule, Supremacy Clause, Civil Asset Forfeiture, Excessive Fines Clause
Documents
Prior Decision
Decision below 84 N.E.3d 1179 (Ind. 2017)
Question Presented
Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the states under the Fourteenth Amendment
State courts may not discriminate against federal defenses. The Supremacy Clause requires state courts to adjudicate federal law when applicable. Where state courts have attempted to escape their constitutional duty to apply federal law, this Court has repeatedly held them accountable. Federal defenses based on incorporation are not exempt from the non-discrimination rule.
Author(s)
Jeffrey T. Green, Michael B. Buschbacher, and Ray Mangum, Sidley Austin LLP, Washington, DC
