Won’t be Thomas, b/c (based on oral argument) he’ll probably be the only Justice who accepts the petitioner’s argument for using the Privileges or Immunities Clause to incorporate 2A.
The main opinion (Roberts? Scalia?) will rely on the Due Process Clause to hold for incorporation. Thomas will write a separate opinion concurring in the judgment on different grounds (P or I). That one’s going to be a pleasure to read.
June 15th, 2010 at 11:18 am
Won’t be Thomas, b/c (based on oral argument) he’ll probably be the only Justice who accepts the petitioner’s argument for using the Privileges or Immunities Clause to incorporate 2A.
The main opinion (Roberts? Scalia?) will rely on the Due Process Clause to hold for incorporation. Thomas will write a separate opinion concurring in the judgment on different grounds (P or I). That one’s going to be a pleasure to read.
June 15th, 2010 at 3:25 pm
I wanted Kennedy but it sounds like not. He was the only one who actually got it during oral arguments in Heller.