Editorial: Neil Gorsuch, Civil Asset Forfeiture, and the Original Meaning of the 14th Amendment

Now here is where things start to get interesting. “We all agree that the Excessive Fines Clause is incorporated against the states,” Gorsuch said during the Timbs oral arguments. But he then acknowledged that not everyone on the Court agrees on exactly how it should be done. “Whether you want to do it through the Due Process Clause and look at history and tradition,” he continued, “or whether one wants to look at privileges and immunities, you might come to the same conclusion.”