"Well, Justice Thomas, I think that the court," counsel responded, "in this other context with respect to those other amendments, has had to articulate what the text means and the bounds of the constitutional guarantees and it's done so through a variety of different tests that implement first amendment rights, 2nd Amendment rights, Fourth Amendment rights." [More]
So it's "shall not be infringed unless a politically-appointed judge says that's OK"?
[Via Mack H]
I'm not sure that he intended to compare all of those amendments with respect to how SCOTUS treats them. But he did. Not that SCOTUS should need reminding just exactly where the Seconds sticks out like a sore thumb.
ReplyDelete1. The Second was the most recent of the Bill of Rights deemed important enough to be incorporated against the states and in fact followed the others by many years.
2. The Second is the only constitutionally protected civil right not judged on the basis of Strict Scrutiny.