Monday, June 28, 2010
McDonald v Chicago was decided 5 to 4, with justices Roberts, Alito, Scalia, Thomas, and Kennedy finding in the affirmative. Alito led the affirmative opinion, with Thomas concurring.
In sum, McDonald v. City of Chicago is important because: 1) it incorporates the Second Amendment right of individual gun ownership into the Fourteenth Amendment so that right will apply against the states; 2) it will lead to a slew of legal challenges to other state and municipal firearms regulations; 3) it confines judicially enforceable constitutional rights to only those rights that are deeply rooted in history and tradition; and 4) it rejects for now efforts to reinvigorate the Privileges or Immunities Clause but Justice Thomas’ concurrence holds open the possibility that that might yet happen in some future case.I get 1 and 2; we have talked about these a lot on this blog and I embrace them (to varying degrees). 3, however, freaks me out.