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

What US Scientist unwittingly helped the Nazis devise the V-2 Missile?

  In the early 1920’s and leading up to World War II German technology outpaces the peace time…See More
11 hours ago
tjdavis favorited Sandy's video
yesterday
tjdavis posted a photo
yesterday
Christopher Walker is now a member of 12160 Social Network
yesterday
tjdavis posted videos
yesterday
Burbia commented on tjdavis's photo
Thumbnail

Reflection

"Let's see if this goes past indictment."
Saturday
Doc Vega commented on Doc Vega's blog post Something Watches From Out there in the Wilderness
"cheeki kea That's very interesting history. So many things about history that go ignored or…"
Saturday
Burbia commented on Burbia's video
Saturday
Burbia posted a video

Programmed To Kill/Satanic Cover-Up Part 433 (The Charlie Kirk Conspiracy Show)

https://www.programmedtokill.net/projects---- DISCLAIMER! ----Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair u...
Saturday
cheeki kea commented on cheeki kea's photo
Thumbnail

American werewolf- 2018

"Yip I've looked again and this is what the creature looks like, even has stripes just like…"
Saturday
cheeki kea commented on cheeki kea's photo
Thumbnail

American werewolf- 2018

"The mystery continues I guess. ( reminds me of something out of the under world )"
Saturday
cheeki kea posted a photo
Saturday
cheeki kea commented on Doc Vega's blog post Something Watches From Out there in the Wilderness
"Another fine story Doc V. I think it's Dogman the werewolf out there roaming around in high…"
Saturday
Doc Vega posted blog posts
Saturday
Doc Vega commented on Doc Vega's blog post What Four UFO Whistle Blowers All Suffered in Common?
"Less Prone Thanks for you comment Buddy! Dabbling in government kept secrets can cost you dearly. I…"
Saturday
Burbia posted a blog post

Sebastion Piñera and 5G

 Sebastion Piñera “The start of the bidding process for the 5G network. Let’s listen to the threats…See More
Saturday
tjdavis posted a photo
Friday
Doc Vega posted a blog post
Thursday
Less Prone left a comment for Tammy
"Welcome"
Thursday
tjdavis posted a video

Mike Benz: DARPA & USAID are Weaponizing Music to Control Human Behavior

Watch every episode ad-free & uncensored on Patreon: https://patreon.com/dannyjonesMike Benz is a former State Department official and current Executive Dire...
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