[bnralt]

I don't think I've ever seen someone who's actually an originalist. For instance, I can't see how the incorporation of the Bill of Rights could possibly fit with originalism, but I haven't come across anyone who's against the incorporation of the Bill of Rights. It mostly seems to boil down to what flavor of activism you support.

[jack_h]

As Thomas has argued[1] the privileges or immunities clause of the 14th amendment, now pretty much dead letter, was intended to fully and immediately incorporate the first eight amendments to the states. In fact there are historical records from the drafter of the amendment stating as much.

[1] I don't remember the case, it may have been McDonald or Heller.