Supreme Court says 2nd Amendment applies to the States in a 5-4 decision

Just minutes ago the Supreme Court of the United States delivered their opinion on McDonald v. City of Chicago. The Court has decided that the
2nd Amendment does apply to the states in a 5-4 decision.

Here are the results according to the SCOTUS blog:

  • Alito announces McDonald v. Chicago: reversed and remanded
  • Gun rights prevail
  • The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
  • 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.
  • Full Opinion is here.
  • 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 ramifications of the opinion will play out in the gun rights vs. gun control debate going forward. This case (McDonald v. Chicago) was filed the day after the Heller decision was announced back in 2008. It
will be interesting to see what new cases get filed given the results
of this case. The gun rights lawyers are taking a step by step approach
in their fight for the right to keep and bear arms.

This is pretty much what was expected. It appears Justice Thomas is the only one with the guts to use the Privileges or Immunities Clause which would have had far-reaching implications for law outside of the
gun rights world. More later as the analysis begins.










This website uses IntenseDebate comments, but they are not currently loaded because either your browser doesn't support JavaScript, or they didn't load fast enough.



libertymaven.com

Views: 55

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by pat donovan on June 28, 2010 at 9:22pm
sda, but true. I couldn't figure out what this meant till the end of it.

cities+ states CAN'T legislate guns, and the cascade effect of the Constitution amendments WEREN'T verified?

packrat (in canada. thesis means state the issues somewhere too.)

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Burbia commented on tjdavis's video
Thumbnail

Charlie Kirk: Grief And Outrage From Turning Point USA in Phoenix

"Early reports said a.second shooter was there. Talk of Dischord chats. Peyton Gendron was coerced…"
5 hours ago
tjdavis posted a video

America In Crisis: Illegals and Drug Smugglers Have Us Beat

An inside look at how bad the situation is at the Arizona/Mexico border. This exclusive tour with retired Arizona Sheriff Mark Lamb reveals just how bad thin...
11 hours ago
Burbia posted a video

Sam Hyde Show: This is You

support the show: https://www.mde.tv/▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬🔥 BUY EXTREME PEACE on MDE.TV 🔥https://www.mde.tv/series/extreme-peace▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬...
11 hours ago
Burbia commented on Sandy's photo
12 hours ago
Burbia commented on Sandy's photo
12 hours ago
Doc Vega posted a blog post

“Night of Horror” Finland WWII 1939 and a Russian Massacre

It is November of 1939 and Stalin decides that the resources in the smaller nation of Finland…See More
19 hours ago
Sandy posted a photo
22 hours ago
tjdavis posted a video

Charlie Kirk: Grief And Outrage From Turning Point USA in Phoenix

We went to Charlie Kirk's Turning Point USA headquarters in Phoenix to talk with people who were there to pay their respects.►Join my community to get exclus...
yesterday
Doc Vega posted blog posts
yesterday
Burbia commented on Doc Vega's blog post This Memorable Anthem Given by Nick Freitas Hit the Nail on the Head Please Listen!
Saturday
Doc Vega posted blog posts
Friday
Doc Vega commented on Doc Vega's blog post A Few More Rats in Your Skull Concerning Charlie and the Rampaging Left
"cheeki kea, Yes that was released on to book sites 19 hours before the tragic event and also there…"
Friday
Burbia commented on Sandy's video
Friday
Sandy posted a video

Charlie Kirk Was Terrified Of Israel

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
Friday
Sandy posted a photo
Friday
cheeki kea commented on Doc Vega's blog post A Few More Rats in Your Skull Concerning Charlie and the Rampaging Left
"The internet is fractioned that's for sure but it never sleeps and the big question of the day…"
Friday
Burbia commented on Doc Vega's blog post A Few More Rats in Your Skull Concerning Charlie and the Rampaging Left
"It seems America has many meanings to many people. The internet has fractioned everybody. I had…"
Thursday
Doc Vega commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Cheeki kea I'm glad that the giant Moa downsized to this turkey looking land walker.!"
Thursday
Burbia commented on Burbia's blog post Charlie Kirk Assaination
"I don't know what difference if any that he was also a member of Council for National Policy.…"
Thursday
Doc Vega commented on Burbia's blog post Charlie Kirk Assaination
"I remember when they found out that the united Council of Churches worldwide had been funding…"
Thursday

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted