In the midst of an otherwise bland summary of the debate over Second Amendment incorporation currently working its way towards the Supreme Court, the New York Times reveals an interesting disagreement between two leading constitutional scholars:
"The precedents are now supportive of incorporation of nearly every provision of the Bill of Rights," Professor [Akhil Reed] Amar said. "Now what's odd is that the Second Amendment doesn't apply to the states."
Sanford Levinson, a law professor at the University of Texas, said he would be surprised if the Supreme Court accepted these gun cases, because some of the conservative justices on the court had scoffed at incorporation arguments in the past and might not want to set a precedent.
Professor Amar, however, argued that the justices would not only take up the case but would also ultimately vote for incorporation of the Second Amendment.
I'm with Amar on this one. Here's why.