The prohibition embodied in the Excessive Fines Clause carries forward protections found in sources from Magna Carta to the English Bill of Rights to state constitutions from the colonial era to the present day," Ginsburg argued in the case. "Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties."
Ginsburg added that such fines "can be used, e.g., to retaliate against or chill the speech of political enemies."