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Posted on 03.04.10 by Thomas L. Knapp
“Scalia asked Gura early in his 20 minutes of argument time on Tuesday: ‘Mr. Gura, do you think it is at all easier to bring the Second Amendment under the Privileges and Immunities Clause than it is to bring it under our established law of substantive due … process? … Why are you asking us to overrule 150, 140 years of prior law, when — when you can reach your result under substantive due — I mean, you know, unless you are bucking for a — a place on some law school faculty …?’ Scalia, reputedly a constitutional originalist, flashed some ugly colors with that laugh-provoking comment: He’d rather go with the easy precedential flow — even given a substantive due process argument that he openly admits he thinks is wrong but which he’s ‘acquiesced’ to — th[a]n vindicate the actual intentions of the framers of a very important constitutional amendment.” (03/04/10) Link: http://reason.com/archives/2010/03/04/guns-for-all-privileges-and-im Filed under: 2AM Commentary and RRND Commentary | Report Bad Link Bookmark this post in Furl or Del.icio.us | |






