McDonald v. City of Chicago Heard Today

Written by Brian Garst, Posted in Gun Rights, The Courts, Criminal Justice & Tort

The Supreme Court heard oral arguments in McDonald v. City of Chicago today. The petitioners look to have Heller incorporated via the 14th Amendment and applied to the states.

Aside from this question, the case has also brought up the Privileges or Immunities Clause, which was long ago gutted by the Slaughter-House cases. Gura and his libertarian faction have sought to overturn these cases and have the 2nd Amendment incorporated via Privileges or Immunities (Cato has a case for reviving P&I), while others have wanted to focus on the simpler case of using Due Process.

Based on accounts of the hearing today, the Court seems unlikely to revisit the Slaughter-House cases. Thankfully, it is likely to incorporate via Due Process and finally extend 2nd Amendment protections to all Americans.