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Timbs v. Indiana

Docket No.17-1091
Op. BelowInd.
ArgumentNov 28, 2018

Holding

The Eighth Amendment's excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment's due process clause.

Judgment

Vacated and remanded, 9-0, in an opinion by Ruth Bader Ginsburg on Feb 20, 2019. Justice Gorsuch filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.

Proceedings & orders timeline

Jan 31, 2018
Petition for a writ of certiorari filed. (Response due March 5, 2018)
Feb 6, 2018
Blanket Consent filed by Petitioners, Tyson Timbs, et al. and Respondent Indiana.
Feb 22, 2018
Motion to extend the time to file a response from March 5, 2018 to May 4, 2018, submitted to The Clerk.
Feb 22, 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018.
Mar 5, 2018
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Mar 5, 2018
Brief amicus curiae of Constitutional Accountability Center filed.
Mar 5, 2018
Brief amici curiae of The Southern Poverty Law Center and The Cato Institute filed.
Mar 5, 2018
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 5, 2018
Brief amici curiae of Professors filed.
May 4, 2018
Brief of respondent State of Indiana in opposition filed.
May 16, 2018
Reply of petitioner Tyson Timbs filed.
May 22, 2018
DISTRIBUTED for Conference of 6/7/2018.
Jun 11, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
Petition GRANTED.
Jun 26, 2018
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Jul 11, 2018
Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including September 4, 2018.
Jul 12, 2018
Blanket Consent received from counsel of record for petitioner filed.
Jul 12, 2018
Motion to dispense with printing the joint appendix filed by petitioner Tyson Timbs.
Jul 23, 2018
Blanket Consent received from counsel of record for Respondent, State of Indiana filed.
Aug 24, 2018
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 4, 2018
Brief of petitioner Tyson Timbs filed.
Sep 5, 2018
Amicus brief of Judicial Watch, Inc.; Allied Educational Foundation not accepted for filing. (To be resubmitted with correct documentation - September 10, 2018)
Sep 5, 2018
Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Sep 10, 2018
Brief amicus curiae of Institute for Free Speech filed.
Sep 10, 2018
Brief amici curiae of Eighth Amendment Scholars in support of neither party filed.
Sep 10, 2018
Brief amici curiae of The American Civil Liberties Union, et al. filed.
Sep 11, 2018
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Sep 11, 2018
Brief amicus curiae of The Rutherford Institute filed.
Sep 11, 2018
Brief amicus curiae of American Bar Association filed.
Sep 11, 2018
Brief amici curiae of DKT Liberty Project, et al. filed.
Sep 11, 2018
Brief amicus curiae of Constitutional Accountability Center filed.
Sep 11, 2018
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 11, 2018
Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
Sep 11, 2018
Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
Sep 11, 2018
Brief amicus curiae of Pacific Legal Foundation filed.
Sep 11, 2018
Brief amici curiae of Juvenile Law Center, et al. filed.
Sep 11, 2018
Brief amici curiae of Drug Policy Alliance, et al. filed.
Sep 11, 2018
Brief amicus curiae of Foundation for Moral Law filed.
Sep 11, 2018
Brief amicus curiae of American Civil Rights Union filed.
Sep 11, 2018
Brief amicus curiae of Chamber of Commerce of the United States filed.
Sep 11, 2018
Brief amici curiae of Scholars filed.
Sep 11, 2018
Brief amici curiae of Indiana Criminal Defense Lawyers filed.
Sep 11, 2018
Brief amicus curiae of Constitutional Accountability Center filed.
Sep 11, 2018
Amicus brief of Cause of Action Institute not accepted for filing. (To be re-submitted with correction)
Sep 11, 2018
Brief amicus curiae of Cause of Action Institute filed (Re-submitted with correction on September 14, 2018).
Oct 4, 2018
Brief of respondent State of Indiana filed.
Oct 9, 2018
SET FOR ARGUMENT ON Wednesday, November 28, 2018
Oct 11, 2018
Brief amicus curiae of National Association of Counties, et al. filed.
Oct 19, 2018
CIRCULATED
Nov 2, 2018
Record received from the Supreme Court of Indiana is electronic and complete.
Nov 5, 2018
Reply of petitioners Tyson Timbs, et al. filed. (Distributed)
Nov 28, 2018
Argued. For petitioner: Wesley P. Hottot, Seattle, Wash. For respondent: Thomas M. Fisher, Indiana Solicitor General, Indianapolis, Ind.
Feb 20, 2019
Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Gorsuch, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.
Mar 25, 2019
MANDATE ISSUED.
Mar 25, 2019
JUDGMENT ISSUED.

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