Opinion by Ginsburg May Benefit Trump in New York Fraud Case

There is a possibility that Former President Donald Trump’s appeal of the $454 million civil fraud judgment against him in New York could be assisted by an opinion written by the late Supreme Court Justice Ruth Bader Ginsburg.

In February 2019, Ginsburg authored the majority opinion in Timbs v. Indiana. The Supreme Court’s unanimous decision in this case recognized that the Eighth Amendment applies to the states.

The court ruled against Indiana’s attempt to seize Tyson Timbs’ $42,000 Land Rover, deeming the imposed fine as “grossly disproportionate” to the offense’s severity.

The value of the Land Rover far exceeded the maximum $10,000 fine Timbs faced in a criminal case related to controlled substances and theft conspiracy, as reported by Independent Journal Review.

The Justices concluded that “The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause.”

Ginsburg argued in the case that excessive fines violate historical protections and can be used to suppress the speech of political adversaries.

Trump has appealed the civil fraud judgment in New York, disputing Judge Arthur Engoron’s determination that he had misrepresented his wealth as he expanded his real estate empire.

Trump’s legal team has filed an appeal with the state’s mid-level appeals court to challenge Engoron’s ruling in the lawsuit brought by New York Attorney General Letitia James.

Trump has denied any wrongdoing and is facing $355 million in fines along with approximately $100 million in accruing interest.

In a 2016 interview with The New York Times, Ginsburg expressed concerns about Trump becoming president and the impact it could have on the country and the Supreme Court.

The Associated Press contributed to this story.