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The good news is that incorporation argument is incredibly strong - even stronger than the individual rights argument for the Second in my opinion.
The questionable news is that there are so many judicial appointments up for grab that the next President will appoint a slew of District Court judges and determine the majorities on 9 of the 13 Circuit Courts of Appeals. Even if the Supreme Court remains unchanged, the cost and challenge of getting good cases to it will increase a lot.
We have some very strong arguments; but it doesn't hurt to be able to shape the battlefield to favor your success.
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