(Washington, DC, March 2) The Supreme Court has concluded hearing oral
arguments in the case of McDonald v. Chicago, the Second Amendment
Foundation's challenge to Chicago's gun ban.
As expected, the Justices gave strong indications that they intend to
"incorporate" the Second Amendment to apply it against the states and
declare Chicago's gun ban unconstitutional. That will of course be
followed by Chicago Mayor Daley trying to loosen the law to the absolute
minimum for compliance with the Court's order just like Washington, DC
did. I expect to see at least two more lawsuits against Chicago before
an average citizen will be able to purchase and possess a handgun in
One of the big questions in this case is whether the Court will use the
"privileges or immunities" clause or the "equal protection" clause to
apply the Second Amendment to the states. From their questions and
comments, it sounded like they were not inclined to overturn previous
bad precedents in order to use the "privileges or immunities" clause so
it is likely they will stick with the tried and true (if somewhat
convoluted) method of incorporation under the "equal protection" clause.
None fo that really matters as far as application of the Second
Amendment is concerned though. What really matters is whether the
Justices include more superfluous BS in the decision like they did in
Heller. Scalia's assertions and assumptions in his written opinion in
Heller have been predictably used to abuse the rights of gun owners.
For now things look very good for a favorable ruling though.
We can expect that to come out sometime in late June.
As always, we'll keep you posted.
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candidates over at GunVoter.org - Index page
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Yours for the Second Amendment,
The Firearms Coalition