South Carolina and 14 other states are rallying behind former President Donald Trump as he appeals a New York court order demanding he pay over $454 million for allegedly inflating the value of his assets.
According to the Washington Examiner, the coalition of states argues that the $454 million penalty violates the Eighth Amendment's excessive fines clause and the Fourteenth Amendment's due process clause.
Earlier this year, state Supreme Court Justice Arthur Engoron found Trump liable for submitting false financial statements to banks and insurers, allegedly allowing him to secure more favorable rates on loans and insurance coverage. The court ordered Trump to pay the hefty sum, including pre-judgment interest, and Trump has since appealed this decision to New York’s intermediate appellate court.
South Carolina Attorney General Alan Wilson emphasized that their brief is about upholding the rule of law and the Constitution, not about Trump personally. Wilson stated that the $454 million penalty is an excessive fine under the Eighth Amendment and also violates the Due Process Clause of the Fourteenth Amendment.
The brief further asserts that Trump's alleged misconduct did not result in direct financial harm to banks or insurance companies, noting that defendants have made all required loan payments on time. “Our brief isn’t about Donald Trump, it’s about upholding the rule of law and the Constitution,” South Carolina Attorney General Alan Wilson said in a statement.
The coalition of states, comprised of 15 GOP-led states, is supporting Trump as he navigates four criminal cases and additional civil cases amid the 2024 election. Missouri Attorney General Andrew Bailey is also involved, seeking to petition the U.S. Supreme Court to intervene in a separate criminal case against Trump.
Bailey argues that a limited gag order imposed on Trump in a hush-money case is denying constituents access to Trump as a candidate. He has requested that Trump’s mid-September sentencing date be postponed until after the November 5 presidential election. However, New York Attorney General Letitia James has opposed Bailey’s efforts, asserting that the issues Missouri seeks to raise are already being adjudicated in New York state courts.
James responded to Bailey’s effort at the Supreme Court, telling the justices: "Trump has already raised, and the New York state courts are already adjudicating, the same issues Missouri seeks to raise."
Legal experts suggest that Missouri's effort to sue New York is unlikely to succeed, as states typically lack the ability to intervene in another state’s criminal justice system. The New York appeals court could hear Trump’s appeal as soon as September when its fall term begins.
The coalition's brief, which was filed by 15 GOP-led states, claims that the penalty against Trump is not only excessive but also unconstitutional. They argue that the financial repercussions of Engoron’s ruling are disproportionate to the alleged harm caused, as the banks and insurers involved did not suffer direct financial losses.
In addition to this civil fraud case, Trump is dealing with multiple legal challenges, including four criminal cases. These cases and the surrounding legal battles are taking place as Trump campaigns for the 2024 presidential election, adding to the complexity of his legal and political landscape.
Bailey’s involvement in the separate hush-money case, where Trump was convicted on 34 counts of falsifying business records to hide payments made before the 2016 election, further complicates matters. Bailey has argued that the gag order, in this case, hinders Trump’s ability to communicate with potential voters.
In their legal brief, South Carolina and the other 14 states argue that the $454 million judgment against Trump is an excessive and unconstitutional penalty. They support Trump’s appeal to New York’s intermediate appellate court, asserting that the financial penalty imposed by Judge Engoron is disproportionate and violates constitutional protections. As Trump continues to navigate multiple legal challenges amid his 2024 presidential campaign, the support from these GOP-led states highlights the ongoing political and legal battles he faces.
