Cbrgator
I don't think it will be healthcare or housing, at least I sure hope it is not. The Constitution does not provide persons with anything unless the government takes something away from you first, i.e. you are entitled to just compensation if the government takes your property and you are entitled to a lawyer if you are charged with a crime. Blanket entitlements to housing, healthcare, jobs and rations of food are more synonymous with constitutional protections of certain former Eastern European countries, see e.g.
Soviet Constitution of 1977. I sure hope that the justices realize what a fundamental change such a right would be.
Abortion is a possibility, but I think it is more likely that the liberals tie 2A incorporation to abortion substantive due process jurisprudence. That way striking down Roe on due process grounds would also cut off 2A incorporation.
230
The Bill of Rights originally only applied to the Federal Government, the 14th amendment extends its protections against the states too.
Jeff
arguing for P&I could actually have some negative effects on the case
I disagree. P & I might bring another justice to the table (Thomas and maybee Salia) who do not feel comfortable supporting substantive due process, it is essential to the argument. It's like getting picky kids to eat dinner, If your main goal is to get them to eat, prepare all their favorite meal
S. It is not as easy as just preparing one meal, but if you want them to eat its what you have to do.
I could be wrong and Thomas might have no problem stomaching substantive due process, however, it would still be a win. We've got to use all our possible arguments to get 5 justices to the table.