Rule of Law

RELEASE: Justices Gorsuch and Jackson Today Provide Important Guidance to Lower Courts on Constitution’s Excessive Fines Clause

WASHINGTON, DC – Following the Supreme Court’s announcement of its decision in Tyler v. Hennepin County, Constitutional Accountability Center Appellate Counsel Miriam Becker-Cohen issued the following reaction:

Although the Supreme Court reversed the court below on Takings Clause grounds, Justice Gorsuch’s concurrence, joined by Justice Jackson, sends an important signal to other courts that they should be mindful of the lower court’s errors in applying the Excessive Fines Clause.  Echoing our brief, Justice Gorsuch emphasized that for purposes of discerning whether a statute imposes a “fine” within the meaning of the Eighth Amendment, “it matters not whether the scheme has a remedial purpose, even a predominantly remedial purpose.”  Rather, the Excessive Fines Clause applies to “any” statutory scheme that serves in part to punish. This point is supported not just by a clear line of Supreme Court precedents—cases cited in our brief and that Justice Gorsuch drew upon in his concurrence—but also by the history of the Excessive Fines Clause, dating all the way back to Magna Carta. We are pleased that two justices—typically perceived as coming from opposite sides of the ideological spectrum—united to make clear that courts should respect the text and history of the Excessive Fines Clause.

##
Resources:
##
Constitutional Accountability Center is a nonpartisan think tank and public interest law firm dedicated to fulfilling the progressive promise of the Constitution’s text, history, and values. Visit CAC’s website at www.theusconstitution.org.
###

More from Rule of Law

Rule of Law
September 16, 2026

CAC Release: Plaintiffs File Opposition Brief Explaining Why Trump’s Efforts to Evade Accountability in Domestic Emoluments Clause Suit Should Be Rejected

WASHINGTON, DC – The Constitutional Accountability Center and Gelber Schachter & Greenberg jointly filed an...
By: Miriam Becker-Cohen, Gerald Greenberg
Rule of Law
September 10, 2026

September 2026 Newsletter: Protecting People’s Constitutional Rights and the Rule of Law Across the Country

This newsletter spends a lot of time on the U.S. Supreme Court, but here at CAC, we’re...
Rule of Law
U.S. Court of Appeals for the District of Columbia Circuit

Perlmutter v. Blanche

In Perlmutter v. Blanche, the Court of Appeals for the District of Columbia Circuit is considering whether the President can unilaterally remove the Register of Copyrights.
Rule of Law
August 18, 2026

Not Above the Law Creator Call

CAC's Praveen Fernandes and Senator Sheldon Whitehouse spoke about what accountability looks like now that...
By: Praveen Fernandes, Sheldon Whitehouse
Rule of Law
August 29, 2026

Interview with Praveen Fernandes, Vice President at the Constitutional Accountability Center

AbbyTheAttorney
CAC Vice President Praveen Fernandes spoke to Abby Winters about the weaponization of the Department...
By: Praveen Fernandes, Abby Winters
Rule of Law
September 1, 2026

Open Letter: A Network of 175+ Organizations Uniting to Defend the Rule of Law and Protect Vulnerable Communities

Nonprofits Together
CAC signed onto an open letter with a coalition of civil society, advocacy, and nonpartisan...