Reason: “Gun nuts” battle “Constitution nuts”

[kludge]

I don't see why the liberals would be afraid of a P/I ruling.

How do you argue gay marriage under due process?

Maybe someone should mention that to Sotomayor.

The 2A might be their last chance to overrule Slaughter-House.

 

[Sebastian the Ibis]

I don't see why the liberals would be afraid of a P/I ruling.

Two reasons: 1. Substantive Due Process jurisprudence allows them to do whatever they want regardless of what the constitution says, adopting P or I makes it more difficult to ignore the constitution since there is less jurisprudence to use as cover. 2. P or I potentially opens up a whole new field of constitutionally protected rights, like the right to contract, that they really don't want to deal with.

How do you argue gay marriage under due process?

Take a look at what Ted Olson and David Boies are doing.

The 2A might be their last chance to overrule Slaughter-House

.

Yes it probably is the last best chance. However since most of the BOR is incorporated anyway it doesn't really matter like it would have 100 years ago.