Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States

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.

Despite agreeing with the Court's decision to deny review, Justice Gorsuch expressed that the case of Bombolis warrants a second look, as it is "something of a relic" with notions that once seemed strange now being widely accepted.

Author's summary: Justice Gorsuch reconsiders the Seventh Amendment.

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Reason Reason — 2025-10-14