All of the current amicus curiae briefs in McDonald v. Chicago are now posted on Alan Gura’s site.
The NAACP has submitted theirs, and it’s one that really bothers me.
They argue against revisiting the Privileges or Immunities clause at all, claiming,
The Court should turn to the largely unexplored Privileges or Immunities Clause of the Fourteenth Amendment only if it first determines that the Second Amendment right to keep and bear arms is not incorporated as against the states through the Due Process Clause. p. 2
They repeatedly claim that there’s nothing wrong with selective incorporation, and that it should be kept, as it has not “suddenly proven unworkable.” Sure, no problem. Selective incorporation can work, it just takes a hundred years or so sometimes.
Regarding Slaughterhouse and Cruikshank,
While it is undeniable that these cases are part of a dreadful chapter in the history of this nation, they present no bar to incorporation of constitutional rights as against the states under the Due Process Clause.
Continued...