Chicago Gun Ban Case & Incorporation

Chicago Gun Ban Argument JUST IN!

Oral Argument in McDonald/NRA v. Chicago:

http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=08-4241_001.mp3

Notice how often Halbrooke and Gura are interrupted by the court and what a free ride the Chicago attorney gets. This appears headed to the Supreme Court, because the court feel only the SCOTUS can overrule it's own precedent, no matter how antiquated by modern selective incorporation doctrine those cases may be.

That's the reason they gave, but the court is nevertheless obviously predisposed to allow any kind of gun ban to stand.

Here we go.
 
Last edited:
Oral arguments

The oral arguments were this morning,linky to quicktime recording.
My impression is that they are not going to over rule Quilici. Apparently they got burned once upon a time for over ruling a previous SCOTUS case. They were dismissive of the 14th amendment arguments and wish to leave Slaughterhouse and Presser standing in all their racist glory.
 
Last edited:
Maybe the best thing that could happen is for this to go to the SCOTUS, and do away with Slaughterhouse once and for all.
Click to expand...
Its not unusual to find when overturning long established law that unintentional consequences pop up.

You don't start doing away with 100+ YO decisions without giving it appropriate consideration.
 
Last edited:
I'm no lawyer nor am I even college educated, but I understood and found myself to be almost giddy after reading that brief.
It appears a grand argument has been made to have the SCOTUS hear the case.
I can only hope they agree and a day in court is scheduled soon.
 
Its not unusual to find when overturning long established law that unintentional consequences pop up.

You don't start doing away with 100+ YO decisions without giving it appropriate consideration.
Click to expand...
If it weren't for Miller then Cruikshank would have been overturned in the civil rights era or before. Cruikshank should have been overturned right alongside if not instantaneously with Plessy v. Ferguson, which itself was more or less enabled by Slaughterhouse's precedent that disparate treatment of citizens is legal. It's the combination of that with Slaughterhouse that has allowed the Sullivan Law, which is a total abomination, to stand which should have been struck half a century ago.
 
You must log in or register to reply here.
Back
Top