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Keyword: mcdonald

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  • High Court Rules in Favor of Gun Rights

    06/28/2010 8:21:01 AM PDT · by EternalVigilance · 50 replies · 1+ views
    Wall Street Journal ^ | June 28, 2010 | Nathan Koppel
    WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment. In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states. "Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas....
  • DeMint Statement on Supreme Court Ruling in McDonald v. Chicago (and on Kagan)

    06/28/2010 9:18:20 PM PDT · by pissant · 23 replies · 1+ views
    Big News ^ | 6/28/10 | Jim DeMint
    Today, U.S. Senator Jim DeMint (R-South Carolina), chairman of the Senate Steering Committee, made the following statement after the U.S. Supreme Court ruled in the McDonald v. City of Chicago case that the Second Amendment guarantees the right to keep and bear arms to citizens in all 50 states. "This is a critical victory for the Constitution and the freedom guaranteed by the Second Amendment for individual Americans to keep and bear arms," said Senator DeMint. "Our freedoms have been under attack by big government liberals for decades, but today the Supreme Court rightly based their decision on the Constitution...
  • Daley Vows New Gun Ordinances

    06/28/2010 5:15:18 PM PDT · by Free ThinkerNY · 80 replies
    nbcchicago.com ^ | June 28, 2010
    As expected, Mayor Daley and Chicago's City Council are circling the wagons to defend against an unfavorable decision by the Supreme Court concerning the city's gun ban. Daley said the city would have in place a new ordinance aimed at making it difficult to purchase and own a gun in Chicago. "We'll publicly propose a new ordinance very soon," Daley said at an afternoon press conference concerning the gun ban. "As a city we must continue to stand up ..and fight for a ban on assault weapons .. as well as a crackdown on gun shops," Daley said. "We are...
  • A Bull's-Eye For The Supreme Court

    06/28/2010 5:16:43 PM PDT · by Kaslin · 26 replies · 1+ views
    IBD Editorials ^ | June 28, 2010 | Investors Business Daily staff
    Second Amendment: In the "living Constitution" era, the Supreme Court rediscovers original intent and rightly rules that the right to bear arms applies to all Americans just as the rest of the Bill of Rights does. It's hard to conceive how the justices could have decided otherwise. But by the narrowest of margins — 5-4 — they have reaffirmed that keeping and bearing arms is an inalienable and individual right like speech and religion, and that it applies to all individuals as the Founding Fathers intended. Why anyone thinks the Second Amendment does not apply to all Americans is a...
  • Predicting the Impact of McDonald (excellent analysis)

    06/28/2010 5:20:51 PM PDT · by OldDeckHand · 6 replies
    Volokh.com/ ^ | 06/28/2010 | Ilya Somin
    The Supreme Court has now incorporated the Second Amendment against the states. But the impact of that decision may turn out to be fairly limited. In most states, there will be little if any change in the actual extent of gun regulation. The ideologically divided nature of the Court’s decision suggests that the legal status of the Second Amendment isn’t yet completely secure. That said, the decision will have a substantial practical impact in a few areas and it also represents a tremendous symbolic victory for gun rights advocates. I. Limited Practical Impact. On balance, I agree with scholars such...
  • Protecting the Second Amendment, But Just Barely

    06/28/2010 9:27:24 AM PDT · by antiobamacare · 28 replies · 1+ views
    Heritage Foundation via The Woodward Report ^ | June 28, 2010 | Hans von Spakovsky
    In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger lock” in the District of Columbia, applied only to the...
  • Daley disappointed by Supreme Court gun ruling

    06/28/2010 12:06:59 PM PDT · by RC one · 20 replies
    AP ^ | june 28, 2010 | By DON BABWIN (AP)
    CHICAGO — Chicago Mayor Richard Daley says he's disappointed by Monday's Supreme Court decision that Americans have the right to own a gun for self-defense anywhere they live. He says it's clear the city's handgun ban will ultimately be struck down. But he says officials are working to rewrite the ordinance to protect Second Amendment rights and to protect Chicago residents from gun violence. Monday's Supreme Court decision did not explicitly strike down the ban on handguns in Chicago and suburban Oak Park. Instead, it ordered a federal appeals court to reconsider its ruling. But it left little doubt that...
  • Supreme Court rules that all Americans have fundamental right to bear arms

    06/28/2010 12:05:01 PM PDT · by neverdem · 14 replies
    Washington Post ^ | June 28, 2010 | Robert Barnes
    The Supreme Court ruled for the first time Monday that the Second Amendment provides all Americans a fundamental right to bear arms, a long-sought victory for gun rights advocates who have chafed at federal, state and local efforts to restrict gun ownership. The court was considering a restrictive handgun law in Chicago and one of its suburbs that was similar to the District law that it ruled against in 2008. The 5 to 4 decision does not strike any other gun control measures currently in place, but it provides a legal basis for challenges across the country where gun owners...
  • Quigley Statement on Chicago Gun Ban Decision, National Threat of Gun Show Loophole

    06/28/2010 11:41:53 AM PDT · by greatdefender · 37 replies
    Chicago Press Release | June 28, 2010
    CHICAGO (CHICAGOPRESSRELEASE.COM) — Today, U.S. Representative Mike Quigley (D-IL) released the following statement after the U.S. Supreme Court struck down the City of Chicago’s handgun ban. Earlier this year, Quigley spearheaded the effort of 55 Members of Congress in filing a “friend of the court” amicus brief, urging the Court to allow Chicago’s handgun ban to stand. Quigley also supports the right of state and local governments to maintain sensible restrictions on gun possession and use. “I am disappointed and disheartened by the Supreme Court’s decision today. When illegal guns flood our streets, precious lives are lost and communities are...
  • 2nd Amendment Rights Finally Considered a Right for Black Chicagoans Too!

    06/28/2010 11:44:43 AM PDT · by Mobile Vulgus · 12 replies · 4+ views
    Publius Forum ^ | 06/28/10 | Warner Todd Huston
    At long last the 2nd Amendment has been considered a personal right per the Supreme Court of the United States. In McDonald v the City of Chicago the Supreme Court has ruled in a 5 to 4 decision that Chicago's gun banning laws are not in keeping with the right to self-defense as enshrined in the U.S. Constitution. After 200 some years we are finally accorded our rights officially. Further, the Court found that the 2nd Amendment was meant to protect the very people that Mayor Richard Daley and his comrades are trying to forcibly disarm: black Americans. (See PDF...
  • McDONALD v. CHICAGO - Justice Thomas' Concurrence Relying Upon Privileges & Immunities Clause

    06/28/2010 10:41:52 AM PDT · by BCrago66 · 27 replies
    Findlaw ^ | 6/28/10 | Justice Clarence Thomas
    Click above the to go directly to the decision; I'm going to attempt to post the entire 50-add page concurrence in a comment below. I find the formatting of opinions at the Cornell Law School site easiest to read; right now, it's link to Thomas' concurrence is non-functional, but I'm sure that will get fixed later today: http://www.law.cornell.edu/supct/html/08-1521.ZS.html In his opinions, Justice Thomas has been giving us great lessons in American history for some time now; for those who care, here's his 1st extended lesson, in his Term Limits dissent, back in 1994, just a couple years into his tenure:...
  • Court rules for gun rights, strikes Chicago handgun ban

    06/28/2010 7:31:39 AM PDT · by docbnj · 54 replies
    CNN ^ | 28 Jun 2010 | anon
    Court rules for gun rights, strikes Chicago handgun ban In another dramatic victory for firearm owners, the Supreme Court has ruled unconstitutional Chicago, Illinois' 28-year-old strict ban on handgun ownership, a potentially far-reaching case over the ability of state and local governments to enforce limits on weapons. A conservative majority of justices on Monday reiterated its two-year-old conclusion the Constitution gives individuals equal or greater power than states on the issue of possession of certain firearms for self-protection. The court, however, said local jurisdictions still retain the flexibility to preserve some "reasonable" gun control measures currently in place nationwide.
  • High Court Rules in Favor of Gun Rights

    06/28/2010 8:50:07 AM PDT · by GOP_Lady · 29 replies · 2+ views
    The Wall Street Journal ^ | 06-28-10 | NATHAN KOPPEL
    WASHINGTON—The Supreme Court ruled for the first time that gun possession is fundamental to American freedom, giving federal judges power to strike down state and local weapons laws for violating the Second Amendment. In a 5-4 ruling, the court held that the Second Amendment's right to keep and bear arms is a fundamental right that binds states. "Self defense is a basic right, recognized by many legal systems from ancient times to the present day," wrote Justice Samuel Alito. He was joined in reaching the result by Chief Justice John Roberts and justices Anthony Kennedy, Antonin Scalia and Clarence Thomas.
  • MCDONALD ET AL. v. CITY OF CHICAGO, ILLINOIS, ET AL.

    06/28/2010 8:54:45 AM PDT · by libstripper · 10 replies
    United States Sujpreme Court ^ | June 28, 2010 | Justice Samuel Alito
    JUSTICE ALITO announced the judgment of the Court and delivered the opinion of the Court with respect toParts I, II–A, II–B, II–D, III–A, and III–B, in which THE CHIEF JUSTICE, JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join, and an opinion with respect to Parts II–C, IV, and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join. Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of...
  • The Next Chicago Gun Rights Case . . . And Why It Is Important to the Kagan Confirmation

    06/28/2010 8:52:43 AM PDT · by Slings and Arrows · 6 replies
    NRO - Bench Memos ^ | June 28, 2010 10:31 AM | Robert Alt
    Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession.  But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact on what that Second Amendment right functionally means.  For example, what constitutes a reasonable regulation on firearms under the Second Amendment? Chicago Mayor Richard Daley is wasting no time.  Before the Supreme Court even issued its opinion, he said that he was poised to immediately pass legislation to regulate guns...
  • Gun rights extended by Supreme Court

    06/28/2010 8:23:30 AM PDT · by Jet Jaguar · 39 replies · 1+ views
    Washingtonpost.com ^ | June 28, 2010 | MARK SHERMAN
    The Supreme Court held Monday that the Constitution's Second Amendment restrains government's ability to significantly limit "the right to keep and bear arms," advancing a recent trend by the John Roberts-led bench to embrace gun rights. By a narrow, 5-4 vote, the justices also signaled, however, that some limitations on the right could survive legal challenges. Writing for the court in a case involving restrictive laws in Chicago and one of its suburbs, Justice Samuel Alito said that the Second Amendment right "applies equally to the federal government and the states." The court was split along familiar ideological lines, with...
  • For gun prohibitionists, the clock is ticking, but state of denial remains

    06/26/2010 5:45:30 AM PDT · by marktwain · 10 replies
    Seattle Gun Rights Examiner ^ | 25 June, 2010 | Dave Workman
    Those who watched John Stossel’s program on the Fox Business channel Thursday evening, which focused on the impact of gun ownership on crime rates – a fact that Dennis Henigan, vice president at the Brady Campaign to Prevent Gun Violence disputes – saw the mindset of gun prohibitionists at work. For those who missed the program, it will be re-broadcast Friday evening at 10 p.m. (7 p.m. Pacific), Saturday at 9 p.m. and midnight (6 p.m. and 9 p.m., Pacific) and Sunday at 10 p.m. (7 p.m. Pacific). Segments of the program may be viewed here. As the clock ticks...
  • Seattle Gun Rights Examiner It’s Monday for SCOTUS ruling in SAF’s McDonald v. Chicago case

    06/25/2010 8:47:11 AM PDT · by marktwain · 7 replies
    Seattle Gun Rights Examiner ^ | 24 June, 2010 | Dave Workman
    As expected for weeks, the Supreme Court is holding off its ruling in the Second Amendment Foundation’s case against the Chicago handgun ban until the last day of the current session, which is next Monday. Joining in the case was the Illinois State Rifle Association and four Chicago residents, including Otis McDonald, for whom this sure-to-be-landmark case is named. An affirmative ruling will strike down the ban as a violation of the Second Amendment, which the court is expected to incorporate to the states through the 14th Amendment. It will also mark the second time that crack attorney Alan Gura...
  • SCOTUS Chief Justice announced the Court will have its final opinions on Monday (the 28th)

    06/24/2010 8:23:37 AM PDT · by The Magical Mischief Tour · 40 replies
    http://www.scotusblog.com/ ^ | 06/24/2010 | http://www.scotusblog.com/
    The Chief Justice has just announced that the Court will have its final opinions on Monday (the 28th) and that will close the Term, with the exception of any remaining orders in pending cases. That's the final decision for today, but there are still four undecided cases this term: Free Enterprise Fund, Bilski, Christian Legal Society, and McDonald v. Chicago.
  • Chicago mayor defends handgun ban after shootings

    06/22/2010 6:39:34 PM PDT · by PROCON · 54 replies
    breitbart.com ^ | June 22, 2010 | SERENA DAI, AP
    CHICAGO (AP) - Chicago Mayor Richard M. Daley defended the city's handgun ban Tuesday after a spate of shootings that left 10 people dead and dozens wounded, saying the violence bolsters the city's argument that the 1982 ordinance is needed. Daley said the city must continue to fight against handguns even if the U.S. Supreme Court strikes down the ban as unconstitional. The court is expected to rule later this month. "Look at all the guns that shot people this weekend. Where did they come from? That is the issue," Daley said at a South Side high school Tuesday.