Along with asking for selective incorporation, the petitioners are asking the Court to overturn the Slaughter-House Cases and apply total incorporation.
The most influential (thus far) has been the Slaughter-House Cases, decided in 1873.
In the Slaughter-House Cases the court recognized two types of citizenship.
Some scholars have attempted to rehabilitate The Slaughter-House Cases, in contradiction of the "rights" that people have had.
It is often said that the Slaughter-House Cases "gutted the privileges or immunities clause" and thus prevented its use for applying the Bill of Rights against the states.
Initially, however, the Supreme Court rejected substantive due process as it came to be understood, including in the watershed Slaughter-House Cases.
April 14 - In the Slaughter-House Cases the Supreme Court votes 5-4 for a narrow reading of the Fourteenth Amendment.
However the later Slaughter-House Cases established that a local law creating a legal monopoly did not violate the rights of other merchants in the United States.
This rejection is evident in the Slaughter-House Cases and Civil Rights Cases.
Can the Slaughter-House Cases Be Saved from Its Critics?