The history of the Excessive Fines Clause shows why Alaska pilot Ken Jouppi should not lose his airplane simply because he helped a passenger defy a local alcohol ban.



Fourteen years ago, Ken Jouppi, who had operated a charter airplane business in Alaska since the 1970s, agreed to fly a passenger from Fairbanks to Beaver, one of the state's dry jurisdictions. The passenger's luggage included 72 cans of Budweiser and Bud Light, which she planned to share with her husband on his birthday. Although most of the beer was boxed, a six-pack "was packed only in a grocery bag and would have been in plain view to Jouppi as he was loading the airplane," the Alaska Supreme Court noted last year.

State troopers discovered the beer before the plane took off, and Jouppi was convicted of a misdemeanor. The trial court, which concluded that Jouppi had been "willfully blind" to the six-pack, sentenced him to three days in jail and a $1,500 fine. But state law mandated another punishment that was 63 times as severe: forfeiture of Jouppi's $95,000 airplane. Although that penalty seemed grossly disproportionate, the Alaska Supreme Court ruled that it did not violate the Eighth Amendment's ban on excessive fines.

In July, responding to a petition filed by the Institute for Justice, the U.S. Supreme Court agreed to review that decision. It will hear oral argument in Jouppi v. Alaska on December 1. In a brief supporting Jouppi's appeal that it filed last week, the Cato Institute argues that the Alaska Supreme Court erred by failing to consider the gravity of his conduct and the financial consequences of the forfeiture. Both of those factors, Cato attorney Matthew Cavedon says, have been central to the common-law understanding of excessive fines for eight centuries.

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