9-0 decisions aren't unusual for the Court but it's a bit unusual to have everyone on one side for a landmark constitutional ruling, finding that the "Excessive fines" clause of the Eighth Amendment applies to the states via the Fourteenth Amendment.
The biggest point of disagreement between the justices was a law-nerd dispute over whether the Due Process Clause or the Privileges or Immunities Clause, which has been a dead letter in constitutional jurisprudence since the late 19th century, is the provision that grants citizens protection from excessive fines levied by their state governments.
Follow the last link and read through for a brief rundown of prohibitions on excessive fines in Anglo-American law, dating back to Magna Carta.
The touchstone of whether a provision in the Bill of Rights applies to the states is whether the right it guarantees is "Fundamental." Given the history, it was a no-brainer.
One is the law-nerd debate I mentioned about the Privileges or Immunities Clause.
Now that there are two justices who want to shift the Court's "Fundamental rights" jurisprudence to that Clause from the Due Process Clause, it's at least conceivable that a majority will reach that conclusion in the semi-distant future.
By its own language, the Privileges or Immunities Clause applies to "Citizens of the United States." The Due Process Clause applies more broadly.
https://hotair.com/archives/2019/02/20/9-0-scotus-rules-eighth-amendments-excessive-fines-clause-applies-states/
The biggest point of disagreement between the justices was a law-nerd dispute over whether the Due Process Clause or the Privileges or Immunities Clause, which has been a dead letter in constitutional jurisprudence since the late 19th century, is the provision that grants citizens protection from excessive fines levied by their state governments.
Follow the last link and read through for a brief rundown of prohibitions on excessive fines in Anglo-American law, dating back to Magna Carta.
The touchstone of whether a provision in the Bill of Rights applies to the states is whether the right it guarantees is "Fundamental." Given the history, it was a no-brainer.
One is the law-nerd debate I mentioned about the Privileges or Immunities Clause.
Now that there are two justices who want to shift the Court's "Fundamental rights" jurisprudence to that Clause from the Due Process Clause, it's at least conceivable that a majority will reach that conclusion in the semi-distant future.
By its own language, the Privileges or Immunities Clause applies to "Citizens of the United States." The Due Process Clause applies more broadly.
https://hotair.com/archives/2019/02/20/9-0-scotus-rules-eighth-amendments-excessive-fines-clause-applies-states/
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