Tuesday, March 2, 2010

SCOTUS observer money quote

Josh Blackman adds: “The Court was not at all receptive to arguments on Privileges or Immunities but incorporation on Due Process is a slam dunk. More commentary soon.”

From Volokh

And Gura was shot down HARD on that Privileges bit. Too bad.

1 comment:

Geodkyt said...

And that's why I had to disagree with all the wookie-suiters who were fighting mad at the NRA for "horning in" on the arguments.

Because Gura's "Ideal Libertarian Society" argument was NOT going to fly in this court. Period.

Better to win a small vicotory that doesn't automatically preclude a bigger one later, than to lose it ALL and have no 2nd Amendment incorporation through overreaching.

We didn't lose our rights all at once, we ain't gonna get 'em back all at once.