Any conservative who wants to take issue with Sotomayor’s position on the incorporation doctrine and the Second Amendment needs to first listen very carefully to the oral argument featuring conservatives Judge Easterbrook and Judge Posner looking at the same issue before the Seventh Circuit in National Rifle Ass’n v. Chicago. Of course, the fact that the Second Circuit panel opinion dismissed the issue in a single paragraph has its own separate set of problems that pointing to Judge Posner cannot solve.