Justice Gorsuch on the Seventh Amendment
Justice Gorsuch argued that the Seventh Amendment should apply to the states in his opinion respecting the denial of certiorari in Thomas v. Humboldt County.
In Minneapolis & St. Bombolis (1916), this Court held that the Seventh Amendment's civil jury trial right is not enforceable against the States.
He agreed with the Court's decision to deny review due to "vehicle" problems, but believes that the case of Bombolis warrants a second look.
As Justice Gorsuch noted, the idea that the Seventh Amendment might be enforceable against the states is no longer considered "strange" today.
Author's summary: Justice Gorsuch reconsiders the Seventh Amendment's applicability.
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