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Old April 16, 2012, 12:01 PM   #11
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 10,395
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Yes, this would probably be read today to include gay marriage, which is likely why the NRA argued against "full incorporation" at the McDonald orals in favor of maintaining the fraud that is "selective incorporation".
The NRA's main concern was that the Court wouldn't be receptive to the retconning they'd have to do on prior jurisprudence if McDonald was geared solely towards reinvigorating Privileges or Immunities. It became obvious at the beginning of oral arguments that they were right.

Gura was still amenable to an argument along Due Process lines, but having Clement along for the ride on that interpretation probably helped.

That said, yeah, I was really hoping to see PorI resurrected, and I thought McDonald was the perfect vehicle for it. So did folks of many differing political stripes. Unfortunately, only one Justice showed anything less than utter hostility towards the idea.

What's interesting is the number of folks in the gun culture who were absolutely, positively, foot-stomping opposed to the idea of incorporation at all.
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