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Old 03-02-2010, 06:10 PM
 
Location: San Diego, CA
10,581 posts, read 9,782,576 times
Reputation: 4174

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http://www.supremecourtus.gov/oral_a...ts/08-1521.pdf

77 pages, single-sided, double-spaced. Enjoy.

Scalia seems to be telling the lawyers to ask the USSC to "incorporate" the 2nd amendment using the "due process" clause of the 14th amendment, rather than the "privileges and immunities" clause... because that would be "easier".

WTF???

Since when do court judges or justices base their decisions on what's "easier"???

Maybe Scalia is trying to tell the guy, "Look, you might lose the case if you insist on the P&I clause, so go with the DP clause instead so we can put these liberal judges to bed on the issue of Incorporation. Get it???"

Maybe.

Last edited by Little-Acorn; 03-02-2010 at 06:18 PM..
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Old 03-02-2010, 06:50 PM
 
Location: The Woods
18,358 posts, read 26,493,154 times
Reputation: 11351
Quote:
Originally Posted by Little-Acorn View Post
http://www.supremecourtus.gov/oral_a...ts/08-1521.pdf

77 pages, single-sided, double-spaced. Enjoy.

Scalia seems to be telling the lawyers to ask the USSC to "incorporate" the 2nd amendment using the "due process" clause of the 14th amendment, rather than the "privileges and immunities" clause... because that would be "easier".

WTF???

Since when do court judges or justices base their decisions on what's "easier"???

Maybe Scalia is trying to tell the guy, "Look, you might lose the case if you insist on the P&I clause, so go with the DP clause instead so we can put these liberal judges to bed on the issue of Incorporation. Get it???"

Maybe.
Scalia has in the past IIRC indicated he's not a fan of incorporation using the P&I clause, but rather of the DP clause.
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