Second Amendment: Now Valid in All 50 States
The Supreme Court handed down the long-awaited McDonald v. City of Chicago case. In a 5-4 decision, the Supreme Court held that the Second Amendment is incorporated against the states. It has reversed the decision of the 7th Circuit and ordered it to re-hear the case with both McDonald and Heller in mind. Given that the Chicago handgun ban is substantially similar to D.C.'s ban that was struck down by Heller, Chicago's ban is effectively dead in the water.
For a refresher on the nature of incorporation, please see our previous posting: McDonald v. City of Chicago at the Supreme Court.
Alito wrote the court's opinion and, with concurrences and dissents, it weighs in at a hefty 214 pages. Four Justices (Alito, Roberts, Scalia, Kennedy) voted on incorporation through the 14th Amendment Due Process grounds, while Justice Thomas wrote a concurrence stating his belief on the Privileges and Immunities clause of the 14th Amendment. Justice Stevens wrote a dissent, while Justice Breyer, joined by Justices Ginsburg and Sotomayor, dissented as well.
Analysis of this landmark opinion will continue as scholars and non-scholars alike trawl through the lengthy document to see what effect this decision will have on current and future litigation involving the Second Amendment.