The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities. - Ayn Rand
The full quote (for context) is:
JUSTICE SOTOMAYOR: What is it that has -- has been caused by it that we have to remedy, meaning States have relied on having no grand juries, States have relied on not having civil trials in certain money cases, they have relied on regulating the use of firearms based on us, the Court, not incorporating the Privileges and Immunities Clause in the way you identify it.
MR. GURA: State --
JUSTICE SOTOMAYOR: What -- in which ways has ordered liberty been badly affected?
MR. GURA: Justice Sotomayor, States may have grown accustomed to violating the rights of American citizens, but that does not bootstrap those violations into something that is constitutional.
This was more than just a correct response; it was a bitch-slap across the chops of the newest Justice.
We can rephrase the exchange as follows:
JUSTICE SOTOMAYOR: So it isn't incorporated. So what? What's the big deal?
MR. GURA: The States' repeatedly doing something that that is unconstitutional doesn't make it constitutional, and your studied condescension doesn't change that.
Yeah, I don't think Alan can expect a Christmas card from the Wise Latina this year.
He's the man. I wish I'd made the effort to chat with him more at the GBR.
ISTR from GBR that he prefers single malt scotch. ;)