When Anti-Gun Liberals File A Brief On Our Side....

When Anti-Gun Liberals File A Brief On Our Side....

Watch out! There's an amicus brief that has been filed in the 7th Circuit appeal to the Supreme Court that is signed by several nationally prominent law professors--some of whom are known to be antigun. They are asking the Supreme Court to replace the current nonsensical "selective incorporation" approach with full incorporation of the Bill of Rights against the states, through the privileges and immunities clause.

Now, the brief is fine. All the points that they make I've used in books and articles that I have written for a couple of decades. The Supreme Court made some serious mistakes along the way, ignoring the clear intent of Congress with respect to the privileges & immunities clause. What makes me nervous, however, is on p. 15, where they emphasize fundamental human rights and the discussion of the Ninth Amendment on pp. 13-14. Something tells me that they are trying to set this up as a way to use P&I to impose a liberal wish list that starts out with their very un-1868 notion of "fundamental human rights." You know: like gay marriage--even though the concept in 1868, when the Fourteenth Amendment was being written, was completely and utterly incomprehensible.

And universal health care. While I think the government has an obligation to provide for the down and out, I shudder to think what happens when this turns from a general, somewhat amorphous duty to a constitutional right that gets litigated.