Gorsuch IMHO is correct on the controlling principles in Austin v. United States, 509 U. S. 602. And IMO a majority is very much ready to tackle the 8th Amendment Excessive Fine clause issue for civil fines, but they are waiting for the right case. Hennepin County is the better case.
The majority here (actually at least 6) said NO for politics of perception: high wealth and a foreign bank account canceling out the woman’s age.
The Court is generally dissatisfied where the boundaries of the Fifth & 8th meet, and in “Horne II” they expanded personal property Takings lines — virtually assuring a future viable 8th Am case when it involves no guard rails on the relation of the amount taken to the actual crime or simple violation. Without proportionality it violates the Fifth Am standards in 2 cases: Nolan & Dolan.
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