Alito’s opinion was informed by recent history. That history shows that incorporation has already been irreversibly embraced, and under the current standards, the 2nd amendment qualified.
Too recent? You never made that complaint about Wickard when discussing Raich. ;)
That history shows that incorporation has already been irreversibly embraced
As the preferred tool embraced by the left to alter the Constitution by judicial fiat.
You never made that complaint about Wickard when discussing Raich.
I never even offered the 14th Amendment, "recent history" incorporation or substantive due process as arguments at all when discussing Wickard or Raich.