Yesterday’s high court ruling was the correct one — but also troubling.
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Justice Thomas further argued that “This Court’s substantive due process framework fails to account for both the text of the Fourteenth Amendment and the history that led to its adoption, filling that gap with a jurisprudence devoid of a guiding principle. I believe the original meaning of the Fourteenth Amendment offers a superior alternative, and that a return to that meaning would allow this Court to enforce the rights the Fourteenth Amendment is designed to protect with greater clarity and predictability than the substantive due process framework has so far managed.” Thomas ended his opinion by stating that “the right to keep and bear arms is guaranteed by the Fourteenth Amendment as a privilege of American citizenship.”
Almost without exception, each time he writes his own opinion we’re reminded that Justice Thomas is our highest court’s strongest champion for liberty and consistently truest defender of the Constitution.
In the meantime, Chicago and other localities will have to end their gun bans. It was the height of arrogance for them to maintain those bans after the Heller decision. But the fact that even after Heller the Court’s four “liberals” could offer ways to say the Second Amendment only offers an individual right within the District of Columbia, as laughable as that is, shows that our nation’s being under the “rule of law” is a tenuous situation at best. Should even one of this Court’s “conservatives” be replaced by a “liberal” judge, America could become a vastly different place, a place of rule of men rather than of law, a place where rights are judged by their popularity, a place where the Constitution comes to mean even less than it means already.