J. Harvie Wilkinson on McDonald v. Chicago and Pandora’s Box

February 15th, 2012

No one is immune to the perils of the muddled historical record. Even the estimable Justice Clarence Thomas has fallen prey to originalist activism. In his concurrence in McDonald v. City of Chicago, which raised the question of whether the individual states were bound by the Second Amendment, Justice Thomas advocated opening up the Pandora’s box of the privileges or immunities clause of the Fourteenth Amendment, resurrecting it as a route to incorporation of the Second Amendment and who knows what other rights.

From Judge Wilkinson’s new book, Cosmic Constitutional Theory. No, there is no citation to Ilya and my article, Pandora’s Box.