re: #632 RogueOne

Highlighting this portion just for Obdicut:

McDonald presents originalist judges the perfect chance to restore the original meaning of a long-abused constitutional provision: In 1873, a Supreme Court unwilling to accept Reconstruction-era changes to our constitutional order—with the federal government empowered to check state oppression—eviscerated the Privileges or Immunities Clause. By reinvigorating that clause, the Court can scale back a warped Due Process Clause that has been misused in a clumsy attempt to protect individual rights.
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Granted, Scalia has been far from a down-the-line originalist. On more than one occasion, where originalism does not achieve the result he wants, he ignores the history and stands by precedent. (Most recently, Scalia voted to uphold the federal power to trump state regulation of medicinal marijuana, even if the drug never crosses state lines.) To explain these variances, Scalia has called himself a “faint-hearted originalist” or an “originalist, but not a nut.”

But if the opinion Scalia joins in McDonald matches his signals at argument, the justice will no longer be able to call himself an originalist of any kind. He will have to turn in his O-card and leave Clarence Thomas as the only originalist on the Court. (Not coincidentally, Thomas is the only justice on record as favoring a revival of the Privileges or Immunities Clause.)