BERNSTEIN ON LITHWICK ON HELLER. “But surely it would be problematic to refuse to enforce a federal right against a part of the federal government just because the incorporation doctrine suggests that the right will have to enforced in exactly the same way against the states. If that is indeed a problem, it’s a problem with incorporation (essentially invented by the liberal Warren Court, though that is a very long and complicated subject), and not the current majority’s fealty to federalism.”