Brass Magnet
Founder's Club Member
WOW! Read footnote [2]; "2 This court notes that it agrees with Justice Clarence Thomas of the United States Supreme Court as to his interpretation and application of the Fourteenth Amendment to the States. See McDonald, Justice Thomas, concurrence." IIRC, this is support for PorI versus (that means against) 'due process'!
I read that and didn't know what to make of it. Yes Justice Thomas wanted incorporation via P or I but I think maybe the court was more concerned with the quote I have below.
As Justice Thomas demonstrates, the right to keep and bear arms is
a fundamental right, not created by the Second Amendment, but secured or
recognized by it. The right to keep and bear arms is therefore not to be abridged by any State law. Sec. 941.23 must also fail under the application of the Fourteenth
Amendment.
In sum, sec. 941.23 is unconstitutional on its face as overly broad in violation of the
Second and Fourteenth Amendments of the United States Constitution.
Would incorporation via P or I vs. Due Process make a difference in the context of the above quote?
One of my favorites is a little note in between.
I use “ordinary” in quotes (as that is how Hamdan referred to citizens) as it troubles this court to refer to some citizens as “ordinary” because of the inference that other citizens are then somehow of greater or lesser stature.
See the Declaration of Independence—“All men are created equal.”
I thought to myself, "holy crap", a judge that gets it.