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U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun)

In this case the Court held that civil penalties constitute punishment within the meaning of the Double Jeopardy Clause if they are "overwhelmingly disproportionate" to the harm suffered by the Government.

But see Hudson v. U.S., 139 L.Ed.2d 450 (1997) where the Supreme Court largely "disavowed the method of analysis ...

 

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