Bloomberg Law
Nov. 30, 2018, 9:31 AM UTC

Broader Bill of Rights Would Dramatically Impact State Courts

Jordan S. Rubin
Jordan S. Rubin
Reporter
Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter

State courts could face major changes in the way criminal charges are brought and how they deal with civil claims if the U.S. Supreme Court overrules its own cases limiting the reach of the Bill of Rights.

Most of the Bill of Rights already applies to the states. But there are a handful of guarantees that don’t, including a provision requiring felony charges be brought by a grand jury, and one guaranteeing the right to jury trials for civil cases involving $20 or more.

At oral argument Nov. 28 in an Indiana excessive fines case, some of the justices suggested ...

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