Buckeye Reporter

The Buckeye Institute has filed an amicus brief in the case of Thomas v. County of Humboldt, California. The institute is urging the U.S. Supreme Court to hear the case and declare that the right to a civil jury trial, as outlined in the Seventh Amendment of the U.S. Constitution, should apply to states under the Fourteenth Amendment's privileges or immunities clause.

David C. Tryon, director of litigation at The Buckeye Institute, stated, "This case presents the court with an opportunity to reinvigorate the privileges or immunities clause and restore it to its respected place in American jurisprudence."

The Buckeye Institute's brief argues two main points: first, that the Fourteenth Amendment was intended to incorporate the first eight amendments against the states; second, that privileges or immunities include the right to trial by jury in civil suits.

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." This statement from the Fourteenth Amendment's privileges or immunities clause suggests that this amendment extends the right to a civil jury trial to citizens in state courts. According to The Buckeye Institute, rights guaranteed by the U.S. Constitution apply equally at both federal and state levels.

The Institute for Justice represents Corrine Morgan Thomas and Doug Thomas, Blu Graham, Rhonda Olson, and Cyro Glad in this case against County of Humboldt, California.