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 photos
9 hours ago
tjdavis posted a video

Berlin 1945: Waiting for the End | Diary of a Metropolis UNCENSORED FOOTAGE

At the beginning of 1945, Berlin is under the illusion that they will survive the war. Every day there are bombing attacks, fires to be extinguished, and cor...
23 hours ago
Burbia posted a blog post

The Illusion of Fuck You Money

The United States use to have this idea that once you make enough money, you.can do as you want.…See More
yesterday
tjdavis posted videos
Thursday
tjdavis posted a blog post
Thursday
Less Prone favorited cheeki kea's photo
Wednesday
cheeki kea posted a photo
Tuesday
Less Prone favorited tjdavis's video
Monday
Less Prone posted a video

“I Helped Build It!” A WEF-Davos Insider EXPOSES The Great Reset

Former investment banker and ESG “whistleblower” Desiree Fixler joins The Winston Marshall Show to expose what she says is one of the biggest financial scams...
Monday
Doc Vega posted a blog post

One Step Too Far Weighs in on Current Events

We now bring you this week's program on One Step Too Far. Bear with us as more BS floats to the…See More
Sunday
Burbia's blog post was featured

A Masterclass Is Being Played Out For Those Who Have The Eyes To See

A question can be asked, why do Jews want a multicultural community in a host society? It is to…See More
Sunday
Doc Vega's 4 blog posts were featured
Sunday
tjdavis's blog post was featured
Sunday
cheeki kea commented on Burbia's video
Thumbnail

the WITCH language of MYSTERY BABYLON (DOCUMENTARY)

"Great video to watch, and it turns out english is a bizarre and formidable language in its…"
Sunday
cheeki kea favorited Burbia's video
Jan 17
Less Prone left a comment for Roberto Castorena
"Welcome to a revolutionary concept in public communication, the truth."
Jan 15
Less Prone posted a blog post

Reiner Füllmich imprisoned for investigating the Covid scandal

Rainer Füllmich, a lawyer investigating the Covid scandal was illegally captured in Mexico in…See More
Jan 15
Burbia posted a video
Jan 15
Doc Vega posted blog posts
Jan 14
Less Prone favorited Doc Vega's photo
Jan 13

© 2026   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