Earlier: Senator Russ Feingold's amicus brief.
Justice Clarence Thomas, writing separately:
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." ...Your humble correspondent, 03/02/10:
But I cannot agree that it is enforceable against the States through a clause that speaks only to "process." Instead, the right to keep and bear arms is a privilege of American citizenship that applies to the States through the Fourteenth Amendment's Privileges or Immunities Clause.
Should be a very interesting set of opinions, especially that of Justice Thomas, who will write a concurrence that nobody else joins based in Privileges or Immunities rather than Due Process.Can I call 'em or what.*
* I don't share the Left's antipathy toward Justice Thomas. He's a valuable contributor to the Court — so long as there's only one of him.