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Bob Cottrol on McDonald
at SCOTUSBlog. Very much to the point. A sample:
The opinions in McDonald are rich in ironies. We have conservative justices authoring opinions which squarely confront the tragic legacy of race and its impact on American Constitutional history, while we have liberal justices wanting to largely skip over that history. We have on the other hand liberal justices pleading for states’ rights and federalism while conservative justices make the case for the soundness of incorporating the Bill of Rights as a matter of original intent. The Court got it right in McDonald but how it came to do so will fascinate students and commentators for some time to come.
Comments
And all to avoid resuscitating the privileges and immunities clause.
Posted by: John at June 29, 2010 07:17 PM
I think the conservative justices simply weighed the potential havoc of applying PI after all this time against the harm of applying selective incorporation to the 2nd. They know full well due process is a sham but they also know its been this way forever, so they were realists.
The liberals, on the other hand, still want to just make stuff up as they went along, which is how SCOTUS got into that mess to begin with. By conservative justices making stuff up.
Posted by: Jim at June 29, 2010 08:26 PM
I echo someone smarter but on the last 4-5 SCOTUS decisions, this one included, it is pretty clear who values individual rights and who doesn't.
"Liberals" just have evolved, I guess.
Posted by: Harry Schell at June 30, 2010 10:33 AM