[Talisker]

Literally, this could end up being so complicated, that the SCOTUS could not resolve it in six months. To do it right would take about two years, require extensive opinions by every justice, and rationalize over 230 years of American law.

Nonsense. The division line is between 14A administrative status and the natural person of the pre-14A Constitution. And while "incorporation" is necessary for the former, the States are uniformly restricted by the pre-14A application of the Ninth & Tenth Amendments.

[firebrand]

Talisker, I hope you are right.

The others pinged: check out the boldfaced paragraph in the original post. I posted this article from CNS even though most of the information had already appeared, because it pointed out the problem, and made me aware that Sotomayor's January decision might be the exact reason the Zero appointed her: He must want her on the Court precisely in case this comes up.

Her racism and sexism are getting all the attention, but this seems to me to be more important.