From today's opinion by Justice Gorsuch respecting the denial of certiorari in Thomas v. Humboldt County:
In Minneapolis & St. Louis R. Co. v. Bombolis (1916), this Court held that the Seventh Amendment's civil jury trial right is not enforceable against the States. Petitioners ask us to reconsider that decision. But a number of "vehicle" problems make it unlikely that we could do so in this case. Accordingly, I agree with the Court's decision to deny review. At the same time, I do not doubt that Bombolis warrants a second look.
As petitioners observe, Bombolis is something of a relic. There, the Court dismissed as "strange" the notion that the Seventh Amendment—or, for that matter, any of the Bill of Rights—might be enforceable against the States. But what once might have seemed strange almost goes without saying today. In the years since Bombolis, this Court has "shed any reluctance" about the idea that the Fourteenth Amendment "incorporate[s]" against the States many of the liberties enshrined in the Bill of Rights.
