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 posted a video

We Went To The Southern Border, What We Saw There Changed Us FOREVER!

This short film (Border Unlocked) was filmed before Trump took office and since then there have been numerous changes that have helped the situation, this cl...
41 minutes ago
cheeki kea favorited Doc Vega's blog post In Disarray
1 hour ago
Burbia commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"Russian Spokesperson Maria Zakharova Responds to Macron, Merz, and Starmer’s…"
1 hour ago
rlionhearted_3 favorited cheeki kea's photo
4 hours ago
rlionhearted_3 commented on cheeki kea's photo
Thumbnail

remember those days..

"True Story "
4 hours ago
Doc Vega favorited cheeki kea's photo
6 hours ago
Doc Vega commented on cheeki kea's photo
Thumbnail

remember those days..

"Ha ha Good one and just about the truth! "
6 hours ago
Less Prone favorited Burbia's photo
11 hours ago
tjdavis posted a photo
20 hours ago
cheeki kea commented on rlionhearted_3's status
"Keep the posts coming lionhearted they are all arrive in good form at least in my lonely corner of…"
23 hours ago
cheeki kea commented on rlionhearted_3's status
"I'll try this..."
23 hours ago
cheeki kea commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

" Perhaps a tissue he's used to wipe his nose could be a possibility. Seems what ever it…"
yesterday
rlionhearted_3 commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"I’m wondering if anyone on this site has seen anything I’ve ever posted?"
yesterday
Burbia commented on Burbia's photo
yesterday
Burbia commented on Burbia's photo
Thumbnail

What's in Macron's hand? Cocaine bag?

"Macron picks up white powdery substance next to glass of water"
yesterday
Burbia commented on Burbia's photo
yesterday
Burbia posted a photo
yesterday
rlionhearted_3 posted a status
"Macron, Zelensky and others are so busted!! State of the Nation has video! I don’t know how to download it? Need help with the download."
yesterday
rlionhearted_3 posted photos
yesterday
Doc Vega commented on cheeki kea's photo
Thumbnail

more lines

"He's damn lucky he hasn't been assassinated yet for all the death and destruction…"
Saturday

© 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