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Is his gun-control concurrence Justice Thomas?s finest hour?

By Alliance Alert

Wall Street Journal / Law Blog: "Those arguing for resuscitation of the Privilege or Immunities Clause pinned their hopes on Justice Antonin Scalia and Justice Clarence Thomas, both known for their 'originalist' approach to constitutional interpretation. ... in a separate concurrence, Justice Thomas boldly went where no justice has gone before: to the arms of the Privileges or Immunities Clause. He wrote: T]he text of the Privileges or Immunities Clause . . . command[s] that ?[n]o State shall . . . abridge? the rights of United States citizens . . . the Clause establishes a minimum baseline of federal rights, and the constitutional right to keep and bear arms plainly was among them.' ... So what happened to Justice Scalia? In Barnett?s opinion, Scalia 'doesn?t like unenumerated rights, and he?s afraid that the Privileges or Immunities will sanction unenumerated rights.' Adds Barnett: 'Perhaps he?s right to be concerned, but it certainly goes against his originalism.'"

Full post as published by Constitutionally Correct on June 30, 2010 (boomark / email).