[umgud]

So which is the better outcome for us?

The Privileges or Immunities Clause?

Or the Due Process clause?

[Erik Latranyi]

It is almost a given that the Second Amendment will be incorporated.

Hence, the stretch to overturn Slaughterhouse.

[Publius Valerius]

I suspect that given the Court’s recent decision to allow the NRA (which argued for incorporation via due process) time at oral argument indicates that the Court is not interested in the P&I argument put forth by Gura and wants some briefing on the real issue at dispute.

[jim_trent]

Argue them both. Who knows what the Supreme court will do. Cover all bases. That is why I am glad the NRA was given time to argue the other possibility.

[sig226]

I prefer the supremacy clause.

Article VI, paragraph 2:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

[Ken H]

The best presentation of the Privileges or Immunities Clause I have come across is the dissent by Justice Thomas in Saenz v Roe. He explains the original understanding of Privileges, Immunities, and the 14th Amendment. He also discusses the Due Process Clause, as well as the Slaughterhouse cases.

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0526_0489_ZD1.html

[freedomwarrior998]

You DO NOT want P&I, it will give the Federal courts unprecedented power to interfere with the States.

[Redcloak]

So which is the better outcome for us?

The Privileges or Immunities Clause?

Or the Due Process clause?

The one that wins. Gura, it would seem, wants to prove a point rather than win the case. I'm not getting the warm and fuzzies at the thought that Mr. Gura has some sort of conservative bee in his bonnet and that he's gambling with my 2nd Amendment rights to address some other issue.