Monday, June 28, 2010

Freedom Wins a Big One

The MacDonald (pictured here) v. Chicago decision came down from the Supreme Court minutes ago. As expected, the Court overturned Chicago's draconian handgun ban, and did it in the least radical (in terms of underlying legal principles) that they could (as was also expected). They did it by "incorporating" the Second Amendment into the Fourteenth via the "due process" clause of the Fourteenth, thus applying the right to own arms to the states and local governments. Except for Justice Thomas, they did not use the plaintiff's more radical argument that incorporation should come via the "privileges and immunities" clause.

Thomas' line would have overturned the widely hated Slaughterhouse Cases, but courts are reluctant to overturn more stuff than they have to, including stuff that that is reason to think is unjust.

The anti-gun people have already started up.

I've been writing on gun rights for several weeks now, so this is a big deal to me. I'll blog about it after I have read the decision.

Here is a good brief account of what happened. There is a link to the entire 214 pg. opinion on attorney Gura's web site.
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