@jer_j_morris and @RickMycroft
I think it’s all part of this kind of stuff:
https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf
with thanks to @xeni for posting about the decision.
A unanimous decision about the unconstitutionality of disproportionate civil forfeiture, where Gorsuch and Thomas file concurring opinions basically just to say that they disagree about that it’s the due process clause of the 14th Amendment that’s relevant, it’s actually the privileges clause.
It seems to be a bit of a libertarian bugbear.
See this for example:
