Based on a quick read of the oral argument transcript, a few things stood out: 1. The Privileges or Immunities arguments never really got off the ground. None of the Justices seemed in favor of that approach, at least based on the questions. (Justice Thomas, as is his custom, asked no questions.) Only about 10-12 minutes of the questioning even concerned the P or I route, and the questioning seemed mostly focused on trying to understand the nature of the claim. For my VC co bloggers and many VC commenters who hoped today would signal the beginning of the libertarian constitutional revolution, there doesn't seem to be much room for optimism.
Read Original at: The Volokh Conspiracy
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