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Old November 28th, 2018, 06:07 PM #11
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Josh Blackman goes over the Transcript and feels very positive.

https://mobile.twitter.com/JoshMBlac...85294102421504
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Old November 28th, 2018, 06:17 PM #12
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From the transcript, there are almost certainly 9 votes for incorporation. Most of the debate was around the scope. There might be two votes to limit the scope of the right, but I would say 9-0 the right is incorporated and maybe 7-2 or 6-3 whether it includes the type of forfeitures considered here (6 would say it does, I think).
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Old November 28th, 2018, 06:40 PM #13
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I don’t understand why the entire BOR isn’t incorporated. Then again, IANAL.
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Old November 28th, 2018, 06:49 PM #14
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Quote:
Originally Posted by rambling_one View Post
I don’t understand why the entire BOR isn’t incorporated. Then again, IANAL.
Gorsuch said as much today. I don't even think that there is any doubt about it. I think only the 3rd amendment is actually left. Kavanaugh said: "Isn't it just too late in the day to argue that any of the Bill of Rights is not incorporated?"
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Old November 28th, 2018, 06:52 PM #15
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Quote:
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Gorsuch said as much today. I don't even think that there is any doubt about it. I think only the 3rd amendment is actually left. Kavanaugh said: "Isn't it just too late in the day to argue that any of the Bill of Rights is not incorporated?"
The second half off the second amendment still needs to be incorporated
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Old November 28th, 2018, 07:00 PM #16
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Quote:
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The second half off the second amendment still needs to be incorporated
There was a lot of debate the 2nd amendment this today. At first I thought, do they really mean that McDonald v Chicago?.

Then I got it, Alito was needling Ginsburg and the others. "Only the rights we like are incorporated."

haha.

But I think at this point, we are debating the scope of the 2nd amendment, not whether its incorporated. And interestingly, the point was made multiple times that state law and state cases prior to incorporation are largely irrelevant in determining the scope. States were allowed to do whatever they wanted. Although they might be somewhat informative as to the understanding. What matters is the scope of the Federal right and how it was understood.
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Old November 28th, 2018, 07:01 PM #17
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Fingers crossed. The transcripts look promising.


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Old December 1st, 2018, 11:25 AM #18
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the oral argument is here : https://apps.oyez.org/player/#/rober...nt_audio/24777
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Old December 2nd, 2018, 07:00 AM #19
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Very interesting.....
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