Supreme Court Places Limitations on Excessive Fines for Those Convicted, Accused of Crimes. They used the 14th Amendment. We wonder how this will affect the red flag seizure laws that can take guns away from citizen without due process?
“As it did in earlier cases applying parts of the Bill of Rights to the states, the court based its decision on the part of the 14th Amendment that says “no state shall deprive any person of life, liberty or property without due process of law.”
Thomas said he would have relied on the Constitution’s language forbidding states from making or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States.” (5th Amendment)
Justice Neil Gorsuch also expressed his preference for the privileges or immunities clause.