Bradford Short writes in: “The text [Jonah's correspondent, following Justice Scalia, cites] proves nothing. Does Scalia really believe that the Due Process clause only applies to the people who are being counted in apportioning representatives? So if New York kills a tourist from Ireland without due process of the common law of New York, that is O.K. because we’d never count a citizen of Ireland in apportioning congressmen to New York? Scalia was not dismissing anything easily-he was being smug and looking foolish. . . . I respect Scalia and don’t like saying this about him, but he *can* be arrogant sometimes.”
Justice Blackmun, incidentally, made a (weaker) version of the same argument in Roe.