McDonald Follow Up

02 Mar

Okay, so the oral argument for McDonald vs. Chicago was earlier today.  Click here to read the transcript.  To put things simply, incorporation seems forthcoming via the Due Process clause of the 14th Amendment.  The justices didn’t really get on board with Gura’s argument for incorporation via Privileges and Immunities.

Privileges and Immunities was a long shot because the argument focused around enumerated rights, but also on constitutionally protected unenumerated rights (such as the right to self defense; rights to contract; etc).  SCOTUS, and all U.S. Courts, will try to rule as narrowly as possible and P&I might contain too much gray area.

Gura, however, had a great rebuttal for the gray area – that constitutional law is based around the text of the constitution and America’s history and traditions.  Thus federal judges would not have free license to simply claim anything to be an protected unenumerated right.

Read the transcript.  I learned a ton!  It will be interesting to see what decision is handed down.


Update: Caleb at Gun Nuts Media points to an hilarious summary of McDonald vs. Chicago.  Warning, contains some adult language.


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