Monday, June 28, 2010

SCOTUS
McDonald v. City of Chicago
(08-1521) Argued: Mar. 2, 2010

Issue: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

Court finds in favor of : McDonald

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

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.

Full opinion here

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

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