To: Congressman Billybob
This will not affect the upcoming ruling from Chicago. Instead, the reverse is true.
I should have elaborated a bit more. Since they cited Cruikshank, the spawn of Slaughterhouse which basically tossed the "privileges & immunities" clause of the 14th Amendment, could this MA SJC decision affect SCOTUS' reasoning to reconsider Slaughterhouse? Thanks for your comments.
posted on 03/11/2010 2:01:27 PM PST
(Xin loi minh oi)
As a general rule, the Supreme Court decides every case in a way that doesn't involve the reversal of any of its prior decisions. So, I think it more likely that the Court will simply extend Heller to the states on the same 14th Amendment grounds it has used for the rest of the Bill of Rights.
For that reason only, I believe it is much likelier that the Court will leave the Slaughter House cases alone, than reverse them. I agree with the logic of reversing them. but that's the harder way to reach the same result.
John / Billybob
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson