BrianGarst.com

Malo periculosam, libertatem quam quietam servitutem.

McDonald v. City of Chicago Archive

Tuesday

2

March 2010

0

COMMENTS

McDonald v. City of Chicago Heard Today

Written by , 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.second amendment

Update: Reason has more here and here.

Wednesday

30

September 2009

1

COMMENTS

Gun Rights Back Before The Supreme Court

Written by , Posted in Gun Rights

A year after the Heller decision found an individual right to bear arms, the Supreme Court is again considering the question of gun rights. The court granted cert. in McDonald v. City of Chicago, and will hear the question of whether or not the 2nd amendment applies to the states, and not just the federal government, through the process of incorporation via the 14th amendment.

Alan Gura, who successfully argued the Heller case, will be the lead attorney on the side of McDonald, a resident of a high-crime Chicago neighborhood whose application for a gun permit was turned down by the city with arguably the toughest restrictions in the country.