Justice Thomas, perhaps the only justice on the court who routinely gives deference to the Constitution rather than ideology, or, even worse, Congress, in concurrence in McDonald v City of Chicago:
I agree with the Court that the Fourteenth Amendment makes the right to keep and bear arms set forth in the Second Amendment “fully applicable to the States.” Ante, at 1. I write separately because I believe there is a more straightforward path to this conclusion, one that is more faithful to the Fourteenth Amendment’s text and history.
[. . .]
I agree with the Court that the Second Amendment is fully applicable to the States. I do so because the right to keep and bear arms is guaranteed by the Fourteenth Amendment as a privilege of American citizenship.
Do yourself a favor, pick up the decision and read his opinion for yourself. It’s very long, and very detailed, yet far more straightforward in reaching the conclusion of incorporation than that taken by the rest of the majority. Very good, very thorough, and Justice Thomas should certainly meet president Obama’s requisite for having “the empathy to understand what it’s like to be poor, or African-American, or gay, or disabled, or old,” though I suspect that in this case, Obama will give deference to ideology, not the ethno-sociological makeup of the judge.
2010-06-28 » madlibertarianguy