We won in a manner that permits systematic and intentional violations of the right until one can prove the violations are systematic and intentional.
Just like the rest of the "due process" incorporated rights. The Court stood on its head to avoid talking about the ridiculously-well-documented history of the 14th and ran with the - admittedly established - precedent that rights are incorporated against the states by way of one of the more tepid phrases in the Amendment.
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Date: 2010-06-28 04:38 pm (UTC)Just like the rest of the "due process" incorporated rights. The Court stood on its head to avoid talking about the ridiculously-well-documented history of the 14th and ran with the - admittedly established - precedent that rights are incorporated against the states by way of one of the more tepid phrases in the Amendment.