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Is Originalism Crossing Over? Was Lochner right?

By ADF Alliance Alert

Randy Barnett writes at the Volokh Conspiracy: "Next week, I will be giving my talk on 'Was Lochner Right? Natural Rights and the Fourteenth Amendment' at Georgetown Law on Tuesday at noon and at GMU Law on Thursday at 5pm. In my talk, I explain the original meaning of the Privileges or Immunities Clause and its connection to the Ninth Amendment. In response, people are very curious as to whether whether I think there is any chance for a revival of the Privileges or Immunities Clause in the Supreme Court. My answer is that we stand poised on the threshold of a possible shift when the constitutionality of state restrictions of the right to keep and bear arms is confronted by the Court in the wake of DC v. Heller."

Full post as published by Constitutionally Correct on March 19, 2009 (boomark / email).