Monday, June 28, 2010

Mcdonald V Chicago

Livefeed via Scotusblog.com

Should be first w/ Alito.

Tom: Incorporation will be under the Due Process Clause.

Erin:
Alito announces McDonald v. Chicago: reversed and remanded

Erin:

The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
Monday June 28, 2010 10:05 Erin
10:05

Tom:
5-4
Monday June 28, 2010 10:05 Tom
10:05

Erin:
Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.

Erin:
The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government.

Erin:
Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
Monday June 28, 2010 10:06 Erin
10:07

Erin:
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.

Decision here.

NRA statement.

1 comment:

Thomas F said...

There are reports now of people in the south suburbs hearing gurgling bile, news of Daley's drowning should be announced sometime in the next few minutes.......