re: #170 goddamnedfrank

He may have said that at a speech but he certainly applied it in the McDonald case on the Second Amendment. At the beginning of his concurring opinion he noted that he did not agree with the way the case law had come down using due process clause rather than the privileges or immunities clause for incorporation but he found it so deeply entrenched that he feels bound to apply it - and he did. Thomas, rightly in my opinion, relied on the privileges and immunities clause essentially stating that the Fourteenth Amendment was specifically designed to make all of the first eight amendments applicable to the states.