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Would Justice Thomas's Incorporation of the Bill of Rights Be a Revolutionary Thing?
Professor Roosevelt: Justice Thomas's invitation to resurrect privileges or immunities clause wouldn't be revolutionary. He says it would allow incorporation of bill of rights through the privileges or immunity clause as well as enforcement of a narrow set of other rights. But he argues that much of the work was already done by the due process clause. Professor Roosevelt: There's no practical consequence. You don't open a Pandora's box that hasn't already been opened.