[antiRepublicrat]

If the Supremes agree that it is an indivicual right, whether or not it is "fundamental" enough to apply against the states.

I always noticed that "shall not be infringed" had no target. It was not "Congress shall not infringe" or "States shall not infringe." It is a blanket statement that no such infringement can occur within the United States of America. Plain text to me says no incorporation is needed, as it always applied.

[ctdonath2]

Quite, as contrasted with "Congress shall make no law..." which DID get incorporated to the states, despite being directed squarely at Congress alone. Good catch.