I wasn't surprised at all, and neither should anyone else have been who follows Justice Thomas' opinions. The only thing that did surprise me is that Scalia did not agree with Thomas.
Someday, I pray to see a court where Thomas is considered the most liberal member.
I'm surprised that you're surprised. Scalia almost ridiculed Gura for even mentioning P&I during argument, calling it "the darling of academia" or something like that.
>> The top constitutional law scholars were completely caught off guard when a third black man, Justice Clarence Thomas, reinvigorated the “privileges or immunities” of citizenship in McDonald v. City of Chicago two weeks ago.
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>I wasn’t surprised at all, and neither should anyone else have been who follows Justice Thomas’ opinions. The only thing that did surprise me is that Scalia did not agree with Thomas.
If I were a Supreme Court justice, my opinion would be that the Second Amendment is written in the passive voice; meaning it is the process of infringing [on the right to keep and bear arms] which is prohibited. Furthermore, as the amendment is regarding the process and not an actor [doing the infringement] it applies to State government, County/political-subdivisions-of-the-state, and all municipalities whatsoever.