Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020.

This is a concept I have been pondering for months now. In light of the almost-certain cert grant in NRA v. Chicago, and the Constitution in 2020 Conference at Yale Law School next week (which I will be attending), I am going to post some of my interim thoughts on this topic.

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4 Responses to “Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020.”

  1. Soren Says:

    Aren’t “Pandora’s Box” policy-based concerns irrelevant to unabashed originalists like yourself?

  2. Josh Blackman Says:

    I’m not concerned about policy-based concerns in the manner you imply. The only policy I particularly care about is enforcing the original public meaning of the Constitution. If you consider that a policy-based concern, then guilty as charged. This article merely aims to ensure that the original meaning of the Constitution wins out, and progressive detractors cannot obfuscate statist goals behind the veneer of faux-constitutionalism qua the privileges or immunities clause.

    • Soren Says:

      Ah, so you think Kendall’s brief in NRA is just wrong on the history?

      • Josh Blackman Says:

        Kendall’s brief inspired me to write this article. When I see Randy Barnett partnering with Jack Balkin, I get apprehensive. Perhaps it’s just my paranoia, but my spider senses are tingling.


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