MacDonald v Chicago - Open Thread

[bstrawse]

Decision should come out today.

Case background: http://www.scotuswiki.com/index.php?tit ... of_Chicago
Live blogging occurring at: http://www.scotusblog.com/2010/06/live- ... s-6-28-10/ starting at 9 CST

B

[shackleford]

Here's to hoping that Daley gets his fat ass handed to him! I can't wait to see what kind of BS he has waiting after the 2nd is incorporated. Going to get real interesting!

[plblark]

They're already kicking around just how obnoxious and harassing they can make things.Liability insurance requirements for ownership, regulations and taxes on gun shops. No gun shop is going to want to go in to the regulatory and political hellhole of Chicago under Daley

[plblark]

The live blog is live but nothing is happening yet

[bstrawse]

Couple things on there now

Sounds like MacDonald will be first case announced
b

[plblark]

where's the poll for which case you're most interested in?
taken from the wiki links or what?

[bstrawse]

It popped up randomly for me...
b

[plblark]

same here. Here's their best guestimate on outcome:

[...]McDonald v. City of Chicago, which presents the question whether the Second Amendment’s right to keep and bear arms is “incorporated” and therefore applies to state and local gun regulation. McDonald was argued in February, and the only Justice not to write from that sitting is Justice Alito. He therefore likely has the Court’s opinion.

Justice Alito was a member of the five-Justice majority that recognized a Second Amendment right outside the context of militia service in the Heller case. He therefore is a likely vote for finding incorporation. At oral argument in McDonald, Justice Alito seemed quite doubtful about the City’s efforts to suggest a narrow ground for ruling.

I predict that Justice Alito will write the Court’s opinion in McDonald recognizing that the Second Amendment is incorporated. But given Justice Alito’s sensitivity towards law enforcement, I doubt that the opinion will call into question a broad swath of firearms regulation.

[shackleford]

Are you guys following on scotusblog, or some other site?

[bstrawse]

Are you guys following on scotusblog, or some other site?

I'm following on Scotusblog...
b

[shackleford]

Reversed and Remanded!

[mrokern]

Reversed and remanded.

[bstrawse]

REVERSED AND REMANDED.

The 14th amendment does incorporate the 2nd.

5-4

[plblark]

From the ScotusBlog Live Blog (Commentary by ScotusBlog)

The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense

5-4

Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

The majority seems divided, presumably on the precise standard

The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.

Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.

Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.

The difference between the majority and Justice Thomas doesn't affect the fact that the Second Amendment now applies to state and local regulation.

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning.

The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

The scope of the Chicago gun ordinance in question in McDonald is very similar to that of the DC gun law struck down in DC v. Heller in 2008. Therefore its fate is probably already determined by applying Heller's reasoning to it.

[Paul]

Revolver discussion split by request.

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