Tag Archives: history
Transcript of McDonald v. Chicago argument
Available here . I think five votes for incorporation, there might be one (Thomas) who would go for privileges or immunities. (P or I has all the history and logic behind it, and due process has all the case law, and it certainly looks as if the Court favors the case law).
Full StoryQuick analysis of reply briefs
I read Alan Gura’s brief last night while waiting to meet with my surgeon (1. I will live. 2.
Full StoryBalkanization goes to town on Chicago’s brief
Right here . A few samples: “In the city’s attempt to preserve its weapons ban, it proves too much, essentially urging the Supreme Court to find that protection of the Bill of Rights and other fundamental liberties against state infringement has no basis in constitutional text or history, and is instead achieved solely by judicial implication. To make matters worse, Chicago’s brief makes common cause with precedent that has been properly labeled by civil rights leaders as “among the most misdirected in the history of the Court” and celebrates a post-Civil War Court that looked the other way while Jim Crow perpetuated decades of discrimination and violent rights suppression.” “Chicago’s repeated deference to these decisions of the post-Civil War Court—beyond merely respecting them as precedent, the city’s brief calls them a “venerated” line of decisions—is disconcerting.
Full StoryNew article by Randy Barnett
“Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment.” It explores the many ways in which abolitionist legal thought influenced the 14th Amendment. The leadership of the 39th Congress were abolitionists to a man, and shared legal understandings that did not require explanation.
Full StoryPresentation on Chicago case
For any readers lucky enough to be at the SHOT Show in Vegas, here’s an SAF press release: SAF SCHEDULES SHOT SHOW PRESS CONFERENCE ON CHICAGO GUN BAN CASE The Second Amendment Foundation will hold a special press conference during the Las Vegas SHOT Show on Wednesday, January 20, 11:30 a.m.
Full Story