“Justice Sotomayor, States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional”. —Alan Gura, Before the Supreme Court, March 2nd, 2010
You REALLY need to read the transcript. Gura wasn’t just arguing for the 2nd amendment. He was arguing for freedom and the Supreme Court just wasn’t interested.
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It’s obvious that P & I would be the intellectually honest route to incorporation. So if you have an intellectually superior argument, and an intellectually superior jurist doesn’t use that argument, why do we look for these intellectual jurists?
Charlie from Farm Bureau would do a better job.