[Sandy]

More info:
Craigmiles v. Giles
Swedenburg v. Kelly

[tpaine]

Justice Clarence Thomas, who dissented from the Saenz holding, nonetheless lauded the Court's rediscovery of privileges or immunities, declaring that it holds promise for curing "the current disarray" of 14th Amendment jurisprudence.

Indeed, such an enterprise is endorsed by a wide range of constitutional scholars, spanning the ideological divide. Many support overturning Slaughter-House because it would place on firmer jurisprudential ground the incorporation of the Bill of Rights against the states.
Many conservatives and libertarians support the same outcome in order to restore economic liberty as a fundamental civil right.

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Thanks Sandy, this article is a great find, and great news.

The 14th may yet become recognised as our greatest amendment, as, properly enforced, it will require/force ALL government to comply with the bill of rights mandated freedoms on life, liberty, and property.

[IronJack]

bookmark for future study

[tpaine]

"Over the past century, the courts have protected such important civil liberties as freedom of speech and freedom of religion from government meddlers, but have completely abdicated their responsibility to preserve one of the most essential freedoms: the right to earn an honest living in a legitimate business."

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Not to mention an even more 'essential', -- the right to bear arms, currently being nibbled away by many states, and some like California in big bites. - Here again, the application of the 14th, 'incorporation' of the 2nd, could finally help put an end to gun grabbing by states.

[Fast 1975]

Awesome! Lochner revitalized.