Tyson Timbs, Petitioner v. Indiana — Gorsuch, J., Concurring

Summary

Justice Gorsuch concurs with the Court’s determination that the Fourteenth Amendment incorporates the Eighth Amendment’s Excessive Fines Clause against the states. He agrees with the result but argues that the proper constitutional vehicle may be the Privileges or Immunities Clause rather than the Due Process Clause, and supplies extensive historical analysis supporting the view that the prohibition on excessive fines is a fundamental right.