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Timbs v. Indiana

Docket No. Argument Opinion Vote Author Term
17-1091 Nov 28, 2018 Feb 20, 2019 9-0 Ginsburg OT 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 Justice Ginsburg on February 20, 2019. Justice Gorsuch filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.

DateProceedings and Orders (key to color coding)
01/31/2018Petition for a writ of certiorari filed. (Response due March 5, 2018)
02/06/2018Blanket Consent filed by Petitioners, Tyson Timbs, et al. and Respondent Indiana.
02/22/2018Motion to extend the time to file a response from March 5, 2018 to May 4, 2018, submitted to The Clerk.
02/22/2018Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018.
03/05/2018Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
03/05/2018Brief amicus curiae of Constitutional Accountability Center filed.
03/05/2018Brief amici curiae of The Southern Poverty Law Center and The Cato Institute filed.
03/05/2018Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
03/05/2018Brief amici curiae of Professors filed.
05/04/2018Brief of respondent State of Indiana in opposition filed.
05/16/2018Reply of petitioner Tyson Timbs filed.
05/22/2018DISTRIBUTED for Conference of 6/7/2018.
06/11/2018DISTRIBUTED for Conference of 6/14/2018.
06/18/2018Petition GRANTED.
06/26/2018Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
07/11/2018Motion 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.
07/12/2018Blanket Consent received from counsel of record for petitioner filed.
07/12/2018Motion to dispense with printing the joint appendix filed by petitioner Tyson Timbs.
07/23/2018Blanket Consent received from counsel of record for Respondent, State of Indiana filed.
08/24/2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
09/04/2018Brief of petitioner Tyson Timbs filed.
09/05/2018Amicus brief of Judicial Watch, Inc.; Allied Educational Foundation not accepted for filing. (To be resubmitted with correct documentation - September 10, 2018)
09/05/2018Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
09/10/2018Brief amicus curiae of Institute for Free Speech filed.
09/10/2018Brief amici curiae of Eighth Amendment Scholars in support of neither party filed.
09/10/2018Brief amici curiae of The American Civil Liberties Union, et al. filed.
09/11/2018Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
09/11/2018Brief amicus curiae of The Rutherford Institute filed.
09/11/2018Brief amicus curiae of American Bar Association filed.
09/11/2018Brief amici curiae of DKT Liberty Project, et al. filed.
09/11/2018Brief amicus curiae of Constitutional Accountability Center filed.
09/11/2018Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
09/11/2018Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
09/11/2018Amicus brief of Indiana Criminal Defense Lawyers not accepted for filing. (Duplicate submission - September 12, 2018)
09/11/2018Brief amicus curiae of Pacific Legal Foundation filed.
09/11/2018Brief amici curiae of Juvenile Law Center, et al. filed.
09/11/2018Brief amici curiae of Drug Policy Alliance, et al. filed.
09/11/2018Brief amicus curiae of Foundation for Moral Law filed.
09/11/2018Brief amicus curiae of American Civil Rights Union filed.
09/11/2018Brief amicus curiae of Chamber of Commerce of the United States filed.
09/11/2018Brief amici curiae of Scholars filed.
09/11/2018Brief amici curiae of Indiana Criminal Defense Lawyers filed.
09/11/2018Brief amicus curiae of Constitutional Accountability Center filed.
09/11/2018Amicus brief of Cause of Action Institute not accepted for filing. (To be re-submitted with correction)
09/11/2018Brief amicus curiae of Cause of Action Institute filed (Re-submitted with correction on September 14, 2018).
10/04/2018Brief of respondent State of Indiana filed.
10/09/2018SET FOR ARGUMENT ON Wednesday, November 28, 2018
10/11/2018Brief amicus curiae of National Association of Counties, et al. filed.
10/19/2018CIRCULATED
11/02/2018Record received from the Supreme Court of Indiana is electronic and complete.
11/05/2018Reply of petitioners Tyson Timbs, et al. filed. (Distributed)
11/28/2018Argued. For petitioner: Wesley P. Hottot, Seattle, Wash. For respondent: Thomas M. Fisher, Indiana Solicitor General, Indianapolis, Ind.
02/20/2019Judgment 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.
03/25/2019MANDATE ISSUED.
03/25/2019JUDGMENT ISSUED.