McDonald SCOTUS Decision -- Master Thread

scotusblog is not able to handle everyone apparently, so i can't see live coverage. If anyone is on there, please provide update asap.

From SCOTUSBlog:

The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense"

5-4

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

The majority seems divided, presumably on the precise standard

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.

and we win!

From SCOTUSBlog:

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.

Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.

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

The majority is split 4-1

4 for Due process

1 (Thomas) for P & I incorporation.

Opinion is here:

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

Great victory, what else can I say?

The whole thing:

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

Link to McDonald Decision (PDF)

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

Full Orders List:

http://www.supremecourt.gov/orders/courtorders/062810zor.pdf

5-4 Again

Thanks to Alito etal for their clarity and fortitude. See you at the rally inChicago on July 9th. Thanks to all for your support and conversation!

Awesome!
Now we can start challenges against NYC and elsewhere.

They crushed even the mere idea of revisiting Slaughter-House, though. And that's a damn shame.

Oh, well. It's still a win. Just not the right way, if you ask me.

This is a red letter day. I'm about to start reading.

a victory none the less.

Scrutiny? Great day!

The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

Click to expand...

***

whoo ho. All 50 states, feel the freedom.

The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.

Click to expand...

Well, the decision was reversed, so it's a moot point really. The lower court will have to look at it again based on this decision. It can't possibly stand.

tis a bigger step in the right direction.. Heller was the launching point..

The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.
***

Click to expand...

Which really means "7th Circuit, thank you for applying our ancient discredited precedent. However that has changed now, please enter an opinion consistent with this opinion in which the 2A, and our opinion in Heller, is incorporated against the states."

Threads merged.

They have adopted whole cloth incorporation... that was my only concern (that they might not use whole cloth incorporation). This is a 100% win!!

So will this change the laws in NYC or will they have to be fought in another court case?