McDonald thoughts, Part I

I just started reading through it, but this paragraph caught my eye.

We see no need to reconsider that interpretation here. For many decades, the question of the rights protected by the Fourteenth Amendment against state infringement has been analyzed under the Due Process Clause of that Amendment and not under the Privileges or Immunities Clause. We therefore decline to disturb the Slaughter-House holding.

This is exactly what I was afraid they would do, and what I expected them to do. Essentially, they’re saying that “since there’s a way to incorporate this that’s been in place for decades, we aren’t going to look at anything else.”

Given the very large body of case law based on the nullification of P-or-I, they didn’t want to open that can of worms. Even with the near-universal opinion that the opinion in Slaughter-House was egregiously wrong,they chickened out of doing it the right way in favor of doing it the easy way.

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