The Stevens dissent in this case chided the majority for ignoring the still valid Palko test in favor of the "deeply rooted in this Nation's history and tradition" test from Duncan.
The Stevens dissent in this case chided the majority for ignoring the still valid Palko test in favor of the "deeply rooted in this Nation's history and tradition" test from Duncan. Stevens also noted that "no amount of process can legitimize some deprivations" in support of his proposal to entirely replace incorporation with substantive due process analysis. The Thomas concurrence in this case suggested overturning the Slaughter-House Cases and reviving the Privileges or Immunities Clause. The majority opinion in this case, authored by Samuel Alito, maintained the validity of the incorporation of fundamental rights and found evidence in American history that the right to self-defense is fundamental. FTP, name this case which incorporated the earlier DC. v. Heller against the states, requiring state gun regulations to be Constitutional under the Second Amendment.
The Stevens dissent in this case chided the majority for ignoring the still valid Palko test in favor of the "deeply rooted in this Nation's history and tradition" test from Duncan.
McDonald v. City of Chicago