The Petitioners have published their final brief [pdf] in the case of McDonald v Chicago. The brief is sharp, focused and well-argued, as I’ve come to expect of Mr. Gura. It’s also unrelentingly meticulous in predicting and dismantling potential counter-arguments.
The first part explains the history and intent of the 14th Amendment. To remove any doubt that “privileges” meant anything but “rights” to the drafters, he quotes Andrew Jackson Rogers, himself no friend to the idea of incorporation:
What are privileges and immunities? Why, sir, all the rights we have under the laws of the country are embraced under the definition of privileges and immunities. The right to vote is a privilege. The right to marry is a privilege. The right to contract is a privilege. The right to be a juror is a privilege. The right to be a judge or President of the United States is a privilege.
Continued...