Wednesday, September 30, 2009

News: Supreme Court Grants Cert in McDonald v. Chicago

Last year's Heller decision was philosophically important, but of limited practical effect for people outside of the nation's capital. There aren't too many federal-level bans on firearms (the Hughes Amendment notwithstanding), and Heller didn't speak on gun control measures imposed by state and local governments.

Today, though, the Supreme Court agreed to determine whether Chicago's handgun ban is constitutional. Chicago, like D.C., requires registration of firearms within city limits. And again, like D.C., handguns are barred from registration and thus effectively banned. The only difference is that Chicago is part of the state of Illinois; the Court will decide whether the Second Amendment can be asserted against the states via incorporation.

This is the case that could break the back of gun control in America. If Chicago's ban goes down, then so do similar controls in other big cities like New York. There is thus likely to be a much tougher fight this time around (Bloomberg and co. will call up everyone and their uncle to argue in support of Chicago). Here's hoping that all five Heller votes hold up.

2 Comments:

At 3:27 PM, Blogger Ziggy said...

I'm interested to see if this has broader effects on incorporation generally. Do you know if the petition for certiorari is trying to go through due process, or privileges and immunities, or arguing in the alternative?

Also, I suspect Alan Gura has earned free beer for life.

Any news on the Gville job?

 
At 3:44 PM, Blogger Mulliga said...

I think P&I is being argued in the alternative.

http://joshblogs.wordpress.com/2009/09/30/question-presented-in-2nd-amendment-case-asks-about-privileges-or-immunities-clause/

That might account for some of the fanfare from third party interest groups. I guess if P&I is in play a whole lot of other rights could be enforced against the states.

I should know whether I get to grind cripples into the dust Friday. Man, I feel more and more like Sam Lowry every day. :-)

 

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