Home -> Law Blog Directory -> Academic Blogs -> Instapundit.com
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Instapundit.comRANDY BARNETT: ?Today, the Privileges or Immunities Clause has risen from the grave. Only a plural?
By Glenn Reynolds
RANDY BARNETT: “Today, the Privileges or Immunities Clause has risen from the grave. Only a plurality was willing to use the Due Process Clause to apply an individual right to the states. The crucial fifth vote was provided by Justice Thomas? extensive fifty-six-page originalist opinion that rested solely on the Privileges or Immunities Clause. Neither Justice Alito for the plurality, nor Justices Stevens or Breyer in dissent, even attempted to impeach Justice Thomas? analysis, which now stands uncontradicted in the Supreme Court Reports. Decades of academic research that has lead to a remarkable consensus among constitutional scholars that The Slaughter-House Cases was wrongly decided have now been vindicated. Only a remarkably tepid and barely defended assertion of stare decisis by Justice Alito now stands in the way of a complete restoration of the ‘lost’ Privileges or Immunities Clause at the heart of Section One of the Fourteenth Amendment.”
Full post as published by Instapundit.com on June 29, 2010 (boomark / email).
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Ivy Lawn
alleging employees informed grave robbers of valuables buried with loved ones.
Grave Desecration
Cemetery agrees to pay $100 million settlement in burial grounds lawsuit.

Privileges or Immunities Clause alive again
Why Not the Privileges or Immunities Clause
Lash on Privileges and Immunities
Lash and Hamburger on Privileges or Immunities









