Oral argument in the crucial Second Amendment case of McDonald v. Chicago has just ended at the Supreme Court, and one thing appears clear: the justices are not yet ready to open what seems to them to be a can of worms by invoking the "privileges or immunities" clause of the Fourteenth Amendment as the way to apply the right to bear arms to states and localities. The more traditional route of the "due process" clause seems almost certain to be Court's chosen path.
Alan Gura, who was arguing for the "privileges or immunities" route, ran into skepticism almost from the moment he began, when ChiefJustice John Roberts Jr. said Gura had a "heavy burden" because his approach entailed striking down the Slaughterhouse cases of 1873.
Tuesday, March 02, 2010
In Chicago Gun Case, Supreme Court Sounds Note of Caution
Blog of the Legal Times reports:
