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View Full Version : Blog post on McDonald v. Chicago....anti Chicago


mbuna
01-21-2010, 7:40 AM
Linked through Pajamas Media.

http://balkin.blogspot.com/2010/01/has-chicago-gone-too-far-in-defending.html

Liberty1
01-21-2010, 12:21 PM
thanks for the link!

sticking it to Chicago...

Perhaps the city and its lawyers are simply...making a deal with the devil on old precedent because they think it is their best shot at winning the privileges or immunities argument... But suggesting that the 14th Amendment was not intended to protect fundamental substantive rights—for example, under the city’s reading of the text and history of the Amendment, states and localities could infringe free speech or free exercise rights so long as they infringed everyone’s rights equally—would seem to undermine the city’s credibility, not help its cause. And those who might otherwise want to support Chicago’s gun control laws should think twice about embracing a particular argument that denies the textual and historical bases for substantive rights protection in the states and joins with post-Civil War decisions whose fatal flaws are illuminated by the light of history and scholarship.

Elizabeth B. Wydra is Chief Counsel of the Constitutional Accountability Center and the co-author of an amicus brief in McDonald v. City of Chicago in support of petitioners.

Purple K
01-21-2010, 4:07 PM
Short & Sweet

G17GUY
01-21-2010, 6:33 PM
I can't wait for the oral arguments, chicago's lawyers are going to have some fun questions from the scotus.