The irony of taking the approach the Court took to the 2nd is that it would absolutely entrench the 14th for which there is clearer evidence of the "original intent". But then intellectual consistency is not exactly the hallmark of the current Court majority.
If you can blatantly reframe the 14th, you can reframe the 2nd.
The irony of taking the approach the Court took to the 2nd is that it would absolutely entrench the 14th for which there is clearer evidence of the "original intent". But then intellectual consistency is not exactly the hallmark of the current Court majority.