Technically, it can be said to be 8-0-1, as Thomas filed a concurrence that agreed with the outcome, but thought the path taken to get to that outcome was wrong. I agree with him. Here's the opening paragraph of his concurrence:
I agree with the Court that the Fourteenth Amendment makes the Eighth Amendment’s prohibition on excessive fines fully applicable to the States. But I cannot agree with the route the Court takes to reach this conclusion. Instead of reading the Fourteenth Amendment’s Due Process Clause to encompass a substantive right that has nothing to do with “process,” I would hold that the right to be free from excessive fines is one of the “privileges or immunities of citizens of the United States” protected by the Fourteenth Amendment.
You'll find the decision and concurrences here. It is fairly short for a modern Supreme Court decision.
While I agree with some that the decision itself may well have far flung implications, what it really boils down to is that the court has finally "incorporated" the 8th Amendment, meaning that the limitations put forward by the 8th Amendment apply fully to the states as well as the Feral government.
In the short term, I don't expect fireworks because of this ruling, but do expect that it sets up the possibility of future review by the court to see how far that incorporation may impact the states. Some see this as a major defeat of 'asset forfeiture' cases, but I'm not so sure. It might force states to roll back some of the worst abuses, though that is going to take a long time, because the states aren't going to give up the gravy train they are on without a fight. If I recall correctly, even Thomas came down as supporting the concept of asset forfeiture pretty strongly last time it made a major appearance as subject before the court. On this, I disagree strongly with Justice Thomas' position. I don't expect him to change his mind on it, though perhaps the many abuses may have caused him to rethink its reach. One can hope I suppose.
Thanks for that. I appreciate it.
Thomas is quite the conundrum, particularly given that blacks are disproportionately affected by AF.
Thanks for that. I appreciate it.
Thomas is quite the conundrum, particularly given that blacks are disproportionately affected by AF.