She’s Not Dead (Yet)

            She being Notorious RBG.  Instead she has written the majority opinion in a 9-0 ruling of the Court.

9-0: SCOTUS Rules That Eighth Amendment’s “Excessive Fines” Clause Applies To The States

By allahpundit, HotAir

Remember the oral arguments in this case? Sure you do. They went so badly for the state of Indiana that Court-watchers took to predicting a lopsided defeat afterward, something they normally refrain from doing. It’s the justices’ job to be skeptical during questioning, after all. Can’t read too much into when they’re hard on one side. Usually.

The Court-watchers had the right of if.  The Court unanimously agreed that the “Excessive Fines” clause of the Eighth Amendment is incorporated by the Fourteenth Amendment against the States.

This will likely have a dramatic impact on various Asset Forfeiture laws used aggressively by the several states.

The one area on which the court was not unanimous was the question of the legal basis of the incorporation as either under the Due Process Clause or the Privileges and Immunities Clause.  While allahpundit describes this as inside baseball between law nerds, he comes back to it because of the interesting knock on effects.

Now that there are two justices who want to shift the Court’s “fundamental rights” jurisprudence to that [Priveleges and Immunities] Clause from the Due Process Clause, it’s at least conceivable that a majority will reach that conclusion in the semi-distant future. If they do, it could have major implications:

Indeed.  Read the whole thing for the interesting implications of incorporation of rights under P&I vice Due Process.

Black History Month 2019: Doris Miller
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