Update on “McDonald”
Here’s some more on the most important U.S. Supreme Court case in decades, McDonald v. City of Chicago. Alan Gura, representing McDonald, filed his brief with the Court yesterday and there have been an abundance of commentaries on the unique way Mr. Gura is going after incorporation of the 2nd Amendment.
Like this one on Cato:
And Josh Blackman has done an excellent job summarizing the debates from The Volokh Conspiracy on his blog here:
What I found fascinating was the fact that in the course of Mr. Gura’s 73-page brief, he apparently only gives incorporation through the 14th amendment due process clause about 7 pages of argument. What I find even more fascinating is the second portion of his question, regarding Privileges and Immunities clause. This is the Question Presented in his brief:
Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses.
I thought case law and thought about P & I stopped after the Civil War, I know I haven’t seen it referenced in forever. Now being a good student, I know what I don’t know, and boy do I not know Slaughterhouse Cases as well as I should. What I do know is that this is a real revolution in terms of strategies presented to the court. Whether they decide anything based on P & I is a toss-up, I’ve heard in the course of this debate that only the originalists (and maybe only Thomas at that) would be snared by Privileges and Immunities, but I can’t wait to see what happens. In the mean time, go out and read the Constitution! I know I will be!
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