Recent Court decisions regarding incorporation

[bossy22]

Recently two oppinions were released by a district court in illinois regarding second amendment challenges to Chicago's and Oak Park's handgun ban

They can be found through this site http://www.chicagoguncase.com/

the ruling stated (as expected) that they cannot hold the second amendment as a restriction on states legislative powers to regulate guns...but there is a silver lining. In the decision they mentioned that the plaintiffs case had merit in its logic but the court was bound by precedent. It could be understood that if a precedent was not there, this case would have gone the other way.

so now the fight for incorporation goes on.....

[TPaine7]

1. The intent of the Framers of the 14th Amendment

to secure the personal, individual right to keep and bear arms against state violation is beyond honest dispute.

That is not to say that there is a lack of dishonest (or profoundly ignorant) dispute to be had.

[bossy22]

3. you may be technically correct

but a court is bound by set precedents...they made the right decision....the precedent clearly stated that the second amendment only restricted teh national government....

but that is all probably gonna change- give it a few years

[TPaine7]

4. Of course.

The precedent lower courts are forced to respect was intended to protect Clansmen from justice.

I really hope the Supreme Courts wipes that blot off our national conscience ASAP.

[bossy22]

5. i have a feeling

that it will happen

[X_Digger]

2. If I understand correctly..

This was expected by many, and is just one more step toward the SCOTUS. With the mish-mash of conflicting precedents set by various courts, there's not likely to be a binding decision at this level anyway.

Doesn't hurt to try, but it wasn't likely to gain incorporation at this level.

[raimius]

7. Many expected this

I think quite a few people involved intended this to rise to higher levels. There are also other cases for 2nd Amendment incorporation in other disticts. If conflicting rulings are made, SCOTUS is more likely to hear the case.

[bossy22]

6. we also have nordyke V king coming up

this case is very interesting in that ninth circuit was very friendly to the emerson court individual rights decision

http://www.potowmack.org/nordyke.html

[SteveM]

8. Intense discussion over at Volokh Conspiracy re: incorporation...

Recommend:



http://www.volokh.com/posts/1221258797.shtml

Includes an attorney, Don Kilmer, who represents an appellant. The use of the "incorporation clause" is a sore on the butt of some conservative legal folks, and it shows in this discussion.