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

Doc Vega posted a blog post
7 hours ago
tjdavis posted blog posts
22 hours ago
Sandy commented on tjdavis's blog post Drones Used In Gaza Surveilling US Cities
Thursday
Less Prone favorited cheeki kea's photo
Wednesday
cheeki kea commented on cheeki kea's photo
Thumbnail

ancient lost worlds ~ DNA

"The area of Ket and Selkup  peoples.There have been groups of people that have long…"
Wednesday
cheeki kea posted a photo
Wednesday
cheeki kea commented on Less Prone's video
Thumbnail

FEYNMAN: THE QUEST FOR TANNU TUVA (1988)

"Wow. And as strange coincidence this could be the very place of the great migration ( to America,…"
Wednesday
cheeki kea favorited Less Prone's video
Wednesday
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Wednesday
tjdavis posted a blog post
Wednesday
tjdavis posted photos
Tuesday
Less Prone posted a video

FEYNMAN: THE QUEST FOR TANNU TUVA (1988)

100th birthday present! Richard Feynman (1918-88), physicist, and his friend Ralph Leighton became fascinated by the remote and mysterious Asian country of T...
Tuesday
tjdavis favorited cheeki kea's video
Monday
tjdavis posted blog posts
Monday
cheeki kea commented on Doc Vega's blog post Grooming the New Generation of Assassins
"That's right. Many countries head down that road into a terrorising future of Self ID-ers. (…"
Oct 31
Doc Vega posted a blog post

Terror on All Hallows Eve Pt. 2 The Aftermath

Elizabeth had just gotten home from Junior High when the doorbell rang. She’d barely put her books…See More
Oct 30
Doc Vega commented on Doc Vega's blog post Grooming the New Generation of Assassins
"cheeki kea, I fear that we are headed further down the road of inhumanity institutionalized by the…"
Oct 30
omegamann is now a member of 12160 Social Network
Oct 29
Doc Vega commented on Doc Vega's blog post Three Must See Movies for Halloween
"cheeki kea Thanks. I watched most of the movie but I'd forgotten until a few minutes into it…"
Oct 29
cheeki kea commented on Doc Vega's blog post Three Must See Movies for Halloween
"That's a fine movie menu you've got Doc V. I love the old days theme. Great to view when…"
Oct 29

© 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