Old McDonald Had A Supreme Court Case, E-I-E-I-O

second amendmentSCOTUSBlog:

Taking on a major new constitutional dispute over gun rights, the Supreme Court agreed on Wednesday to decide whether to apply the Second Amendment to state, county, and city government laws.  In another major case among ten new grants, the Court said it will rule on the constitutionality of one of the government’s most-used legal weapons in the “war on terrorism” — a law that outlaws “material support” to terrorist groups.

The Court had three cases from which to choose on the Second Amendment issue — two cases involving a Chicago gun ban, and one case on a New York ban on a martial-arts weapon.  It chose one of the Chicago cases — McDonald v. Chicago (08-1521) — a case brought to it by Alan Gura, the Alexandria, VA., lawyer who won the 2008 decision for the first time recognizing a constitutional right to have a gun for personal use, at least in self-defense in the home (District of Columbia v. Heller).  A second appeal on the Chicago dispute had been filed by the National Rifle Association (NRA v. Chicago, 08-1497).  Presumably, the Court will hold onto that case until it decides McDonald; the same is likely for the New York case, Maloney v. Rice (08-1592) — a case in which Justice Sonia Sotomayor had participated when she was a judge on the Second Circuit Court.

Megan McArdle:

It looks like we’ll soon find out; the Supreme Court has accepted cert on McDonald v. Chicago, a gun rights case brought by Alan Gura, the lawyer who won the Heller case.  The court has been dodging the twin questions of whether the Second Amendment protects an individual right to bear arms, and whether it can be incorporated against the states, for decades.  It looks like the question will finally be settled–at least as much as Supreme Court decisions ever settle things–in the next year.

Brian Doherty in Reason

Roger Pilon in Cato:

Thus, the so-called incorporation doctrine will be at issue in this case – the question of whether the Fourteenth Amendment “incorporates” the guarantees of the Bill of Rights against the states. The Bill of Rights applied originally only against the federal government. But the Fourteenth Amendment, ratified in 1868, left open the question of which rights states were bound to recognize. The modern Court has incorporated most of the rights found in the Bill of Rights, but the Second Amendment’s guarantees have yet to be incorporated.

Moreover, a question that will arise in this case is whether the Court, if it does decide that the states are bound by the Second Amendment, will reach that conclusion under the Fourteenth Amendment’s Due Process Clause or under its Privileges or Immunities Clause, which has been moribund since the infamous Slaughterhouse Cases of 1873. In its brief urging the Court to hear the McDonald petition, the Cato Institute urged the Court to revive the Privileges or Immunities Clause.

C.J. Ciaramella at TWS

UPDATE: Orin Kerr

Mark Thompson at The League

John Lott at Big Government

Jacob Sullum at Reason

UPDATE #2: George Will in WaPo

Stuart Taylor at National Journal

Damon Root in Reason

UPDATE #3: Instapundit

Ilya Shapiro at Cato

Jack Balkin

Ed Morrissey

Scott Lemieux at Lawyers, Guns and Money

Advertisements

2 Comments

Filed under Guns, Supreme Court, The Constitution

2 responses to “Old McDonald Had A Supreme Court Case, E-I-E-I-O

  1. Charles Cochran

    The second amendment, it seems to me, is part of the United States constitution. “Shall not be infringed,” tells the states that they may not take away that right by any means. Constitutional law may not be taken away from by the states.
    The wise men who wrote the constitution, meant for the average man to understand it and not torn apart by,”legal minds”. This applys to all the amendments and not just the second.

  2. Pingback: What We’ve Built Today « Around The Sphere

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s