Justice Thomas, Pandora, and Stephen Colbert Walk into a Gun Store…

Posted by Ilya Shapiro on July 14, 2010

By Ilya Shapiro

My sometime co-author Josh Blackman points out a parallel between Justice Thomas’s fascinating concurrence in McDonald v. Chicago — which extended the right to keep and bear arms to the states – and the “Keeping Pandora’s Box Sealed” article we published earlier this year.
Justice Thomas in McDonald v. Chicago:
With the inquiry appropriately narrowed, I believe this case [...]

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More on Property Rights (Plus Privileges, Immunities, Due Process)

Posted by Ilya Shapiro on June 18, 2010

By Ilya Shapiro

Yesterday I blogged about the Florida property rights case, which I now consider the best unanimous opinion against my position I could ever imagine.  Although the property owners lost, four justices stood for the idea that courts no less than legislatures or executive bodies are capable of violating the Takings Clause (Fifth Amendment), while two others endorsed [...]

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