March 2, 2010

AT THE VOLOKH CONSPIRACY, a roundup on the Supreme Court’s McDonald argument, where it looks as if Second Amendment incorporation — though under Due Process, not Privileges/Immunities — is likely to fly.

UPDATE: Michael Lotus offers praise for Alan Gura: “The P&I argument in McDonald was a stroke of genius. It made incorporating 2nd Amendment rights via Due Process — something that just a few years ago would have seemed fanciful — look like the sensible, cautious, middle-of-the-road approach.”

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