SCOTUS showdown: Does the Second Amendment apply to the states too?

Scalia’s situation is particularly interesting.

He is unquestionably the court’s most outspoken proponent of gun rights. He has lamented in speeches that gun ownership is too often linked with criminal behavior and his hunting trip with then-Vice President Cheney caused a national controversy. His love of the sport goes back to childhood, and he recently waxed about the challenge and allure of turkey hunting to journalist Joan Biskupic for her Scalia biography, “American Original.”…

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Scalia has been equally lethal on the subject of the due-process clause, which the court has invoked to protect substantive liberties, such as abortion rights and private relations between homosexuals. He protested as recently as last spring, when the court ruled that large campaign contributions to a judge could violate the due process rights of someone who had a case before that court…

Such statements give heart to Doug Kendall of the Constitutional Accountability Center. “Justice Scalia has made a career out of promoting originalism and attacking substantive due process,” Kendall said. “How can he possibly embrace the due-process clause when originalism points so overwhelmingly to the privileges-or-immunities clause?”

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