Clarence Thomas Resumes a Quixotic Campaign, and Gets a Gorsuch Nod
Justice Clarence Thomas agreed with the outcome Wednesday in the excessive-fines case "Timbs v. Indiana." He would have taken a different path to get there.
February 20, 2019 at 03:04 PM
4 minute read
The original version of this story was published on National Law Journal
For the last 20 years, U.S. Supreme Court Justice Clarence Thomas has been urging his colleagues to use a novel originalist approach to protecting constitutional rights. In a decision on Wednesday, Thomas revived his campaign and finally picked up a possible ally, but only one: Justice Neil Gorsuch.
In Timbs v. Indiana, the high court unanimously ruled that the Eighth Amendment clause barring the imposition of “excessive fines” applies to states as well as the federal government because of the due process clause of the Fourteenth Amendment.
Thomas and Gorsuch agreed with the result, but Thomas wrote:
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