Saw the guy at a Federalist Society debate a couple weeks back. The anti-prof, who had filed a brief in support of DC in Heller, basically conceded Gura’s going twin this one, the only question being whether he wins under the P&I clause or under “selective incorporation.” The P&I clause argument makes much more sense to me analytically, but I’m not convinced it matters in the end. A win either way is just that, a win.
November 30th, 2009 at 11:09 pm
Saw the guy at a Federalist Society debate a couple weeks back. The anti-prof, who had filed a brief in support of DC in Heller, basically conceded Gura’s going twin this one, the only question being whether he wins under the P&I clause or under “selective incorporation.” The P&I clause argument makes much more sense to me analytically, but I’m not convinced it matters in the end. A win either way is just that, a win.