Another subtle weakening of Slaughterhouse

Check out footnote 23 of the Heller opinion today, which (very gently) casts some doubt on the continuing validity of Cruikshank with regard to incorporation. Cruikshank was one of the first cases to follow the anti-incorporationist Slaughterhouse decision. The Court's aspersion against Cruikshank is another indication of the growing consensus that the Slaughterhouse Cases were wrongly decided.