June 28, 2010

Feingold secures gun rights for all Americans

McDonald v. City of Chicago (.pdf; 214 pgs.)

Earlier: Senator Russ Feingold's amicus brief.

Justice Clarence Thomas, writing separately:
I agree with the Court that the Fourteenth Amendment makes the right to keep and bear arms set forth in the Second Amendment "fully applicable to the States." ...

But I cannot agree that it is enforceable against the States through a clause that speaks only to "process." Instead, the right to keep and bear arms is a privilege of American citizenship that applies to the States through the Fourteenth Amendment's Privileges or Immunities Clause.
Your humble correspondent, 03/02/10:
Should be a very interesting set of opinions, especially that of Justice Thomas, who will write a concurrence that nobody else joins based in Privileges or Immunities rather than Due Process.
Can I call 'em or what.*

* I don't share the Left's antipathy toward Justice Thomas. He's a valuable contributor to the Court — so long as there's only one of him.


xoff said...

I haven't read the decision yet. Is it now mandatory to pack heat?

Grant said...

The majority opinion seems awfully cynical and weaselly to this layman. It's like putting up a sign that says "all may enter" but with a footnote: "as long as you're 6'5" with a 37" inseam, middigital hair, detached earlobe and Rh positive blood type."

illusory tenant said...

It's pretty dense, and not at all enjoyable to read. Alito is not much of an engaging writer, but he gets the job done, I suppose. It essentially boils down to a rehearsal of all the previous incorporation cases plus District of Columbia v. Heller. There's nothing new or enlightening or unexpected about it.

Grant said...

Yeah, I guess I just find the appeal to 'Murican tradition particularly arbitrary and superficial. But it's not unusual to slam to barn door closed after letting through one's favorite heifer.

illusory tenant said...

Here is an outstanding book on incorporation and the Bill of Rights, for the layman:

Freedom and the Court

It's also packed with footnotes, which aren't necessary at all to read, but the bibliography is comprehensively enormous, if you do want to go further and narrow in on some more specific topic.