So, we won. Or did we?
As David Cohen points out, Chicago theoretically won on both arguments. The margins can be interpreted more than one way. In essence, this case was an 8-1 loss for Gura’s Privileges or Immunities argument. Given that Justice Thomas’ vote was for PorI, we can also see this as a 4-5 loss for Due Process incorporation.
I’m going to throw temperance to the wind for a moment and suggest that Clarence Thomas is the only Justice currently sitting with a spine.
We did achieve a very important philosophical victory, but the practical ramifications remain to be seen.