View Full Version : Chicago gun case and Incorporation

02-24-2009, 11:40 AM
Volokh refers to this law.com article Liberals Use Supreme Court Gun Case to Bolster Other Rights (http://www.law.com/jsp/article.jsp?id=1202428529045) The Supreme Court's 2008 ruling in D.C. v. Heller was a constitutional earthquake, breathing life into the Second Amendment as a guarantee of an individual right to bear arms.

But the aftershock of that decision is beginning to transform the constitutional landscape well beyond gun rights, in ways that have liberals cheering and even joining hands with one-time adversaries like the National Rifle Association.

In a follow-on case pending before the 7th U.S. Circuit Court of Appeals, a progressive legal group and liberal law professors including Yale Law School's Jack Balkin earlier this month joined gun-rights advocates in urging that the right established in Heller, which involved only the District of Columbia, be extended to apply against gun restrictions in the 50 states. The case is McDonald v. Chicago, a challenge to that city's strict gun control law and, no matter what, the outcome is likely to be appealed to the Supreme Court.

And the Chicago-case filing mentioned is available here:
"Law Professors/Constitutional Accountability Center"

02-24-2009, 11:54 AM
Interesting. I remember bringing up just this issue in a previous thread. Using the P&I clause seems the best "lock down" on incorporation, due process always seemed like an end-run.

Do you know how awesome it would be if Heller led to full incorporation via P&I of the entire BoR. It's well overdue but it will sure be nice.

I really never do like the chasm the media try to create over civil rights issues. Civil Rights are Civil Rights, whether they be 1A rights, 2A rights or 14A rights. (or my second favorite 21A rights)