Justice Gorsuch’s Dissent from Denial of Review in an Excessive Fines Clause Case

We have held that “[p]rotection against excessive punitive economic sanctions” is “‘fundamental'” and “‘deeply rooted in this Nation’s history and tradition.'” And all that would mean little if the government could evade constitutional scrutiny under the Clause’s terms by the simple expedient of fixing a “civil” label on the fines it imposes and declining to pursue any related “criminal” case.

https://reason.com/volokh/2023/01/23/justice-gorsuchs-dissent-from-denial-of-review-in-an-excessive-fines-clause-case/