Breaking news
David Hardy: 7th Cir goes other way in Chicago case
That’s the incorporation case. Stay tuned.
Update: Opinion
More: Affirmed. Says second amendment does not apply to states. Cites odd militia language.
My conclusion: Seems they just didn’t care for Nordyke and ignored it. And put the ball back in the hands of the supreme court.
Update: More from Volokh.
June 2nd, 2009 at 1:03 pm
Basically they punted to the SCOTUS…which, even with Sotomayor will have the same balance that netted us Heller. If that’s the case, the NRA should ask the SCOTUS for review…but whether they’ll take it seems the question at that point.
The way they addressed Nordyke seemed rather inelegant. Basically…we don’t like that, so we’ll ignore it.
June 2nd, 2009 at 1:06 pm
Of course they take it. You know have a split between 9th and 7th, both responding ON POINT to factor of Scalia’s Heller opinion AND it deals with a fundamental civil right.
This is a great decision and a great development. Expect this one to be argued next fall/winter and decision in Spring 2010.
June 2nd, 2009 at 1:19 pm
“Suppose a state were to decide that people cornered in
their homes must surrender rather than fight back�in
other words, that burglars should be deterred by the
criminal law rather than self help. That decision would
imply that no one is entitled to keep a handgun at home for self-defense, because self-defense would itself be a crime, and Heller concluded that the second amendment protects only the interests of law-abiding citizens.”
The contrived reasoning that they managed in this opinion kinda blows my mind in many ways.
I agree that SCOTUS will have a hard time NOT hearing this one. The opinion basically begs them to do it.
June 2nd, 2009 at 1:57 pm
At least they didn’t write *If you don’t like the Law, move to another State* in the Opinion.
June 2nd, 2009 at 3:12 pm
That a legislature can pass such a law is clearly possible, but I’d recommend against burglars trying it in Texas. And lots of other places.
June 2nd, 2009 at 8:02 pm
It was a conservative opinion.
June 2nd, 2009 at 9:47 pm
It was no surprise.
June 3rd, 2009 at 10:12 am
Here’s the most baddest part as of now. Supporters of Sotomayor are using the decision to claim that “conservative judges” agree with her position on the Second Amendment.
June 3rd, 2009 at 10:37 am
Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon? Federalism has been around since before a pre-human ancestor picked up a rock and carried it? J’en doute.