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Jim, read the thread, and you do an excellent job of spinning a victory for P&I, though I still believe it is really a long shot. As a poster noted, on some prominent legal blogs they are pointing to Roberts as the author in McDonald. I like your optimism, and we will only really know on Monday. The only thing I disagree with is your statement that only if they go with P&I will McDonald be a huge case. While it is true that such a decision would make McDonald one of the biggest cases in the history of the court - I still think that actual incorporation of the 2nd - even under due process is a huge step and a huge case by itself.
Personally I will be overjoyed if incorporation wins the day by whatever means and even more overjoyed if the justices identify a standard of strict scrutiny - though I think it is highly unlikely they will even identify any specific standard of scrutiny.
In the end I think Scalia and Roberts will rule the day with due process. The USSC, is pre-occupied with outcomes - especially it seems this court - that they will rule in a minimalist way in the end - that none the less supports incorporation.
However, if you are right on this - then I submit that you have internet bragging rights on this in perpetuity and the heck with all those legal experts on those law blogs. I do hope you are right.
I must admit I feel like an old school boy waiting for this decision - I never thought I would live to see Heller - let alone McDonald. If McDonald wins then Gura is a made man for the rest of his life and he will deserve it. Also regardless of the outcome I want to publically thank Mr. McDonald for his service - I had the honor to meet him and he is a truly humble, decent, and honorable man.
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