Monday, June 28, 2010

McDonald v Chicago, Part II - My Opinion

Here are my impressions of the decision.

First: Held: The judgment is reversed, and the case is remanded.

This is a win. The 2nd Amendment now officially applies to cities and states. However, the devil--and the nuances--are in the details. The local gun-panic group says the decision allows for gun control, but that email came out less than 20 minutes after the 214 page opinion was released. That leads me to believe that, as always, they are full of shit.

According to Alito's majority opinion, incorporation happened under the Due Process Clause, which, according to someone smart than I, "allows the Courts maximum flexibility in the future (since DP has no basis, it has no limits -- it's all just "make it up as we go" judicial legislation)."

Update:  Not only have I been too busy to read the entire opinion, but many, many others have beat me to it.

Wally out.

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