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Keyword: mcdonaldvchicago

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  • SCOTUS ruling shows how far gun rights have come

    07/04/2010 3:48:56 AM PDT · by Scanian · 14 replies · 1+ views
    The Washington Examiner ^ | July 4, 2010 | Glenn Harlan Reynolds
    Topping last week's legal stories was the Supreme Court's decision in McDonald v. Chicago, holding that the Second Amendment -- which the Supreme Court just two years ago interpreted to protect an individual right to own a gun -- also protects the individual right to own a gun against state and local interference. Many people were unimpressed, regarding this as a statement of the obvious. Others -- like Rush Limbaugh -- were alarmed, noting that what should have been an obvious statement of a right specifically protected in the Constitution nonetheless made it by a bare 5-4 vote in the...
  • Stare decisis, sometimes

    06/29/2010 1:33:16 PM PDT · by jazusamo · 22 replies · 2+ views
    American Thinker ^ | June 29, 2010 | Aaron Gee
    Can we stop pretending that liberal jurisprudence is anything but warmed over politics in a judicial robe?  Yesterday's decision by the Supreme Court in McDonald v. Chicago proves beyond a shadow of a doubt that the left-leaning justices will vote what they believe regardless of what a law's intentions were.  Concepts like 'stare decisis' (the legal principle that obliges judges to respect precedents established by prior decisions) that were so important during the confirmation hearings of Justice Roberts, mean nothing to the sitting liberal justices.  Each of the left leaning judges voted as if The District of Columbia vs Heller...
  • EDITORIAL: The new battleground for gun rights--High court decision expands Second Amendment

    06/28/2010 5:27:47 PM PDT · by jazusamo · 17 replies
    The Washington Times ^ | June 28, 2010 | Editorial
    The Supreme Court yesterday gunned down the Windy City's attempt to undermine the Second Amendment rights of its residents. In the closely divided McDonald v. Chicago decision, the justices expanded on 2008's District of Columbia v. Heller ruling by making it clear that the right of the people to keep and bear arms applies in all 50 states, not just federal enclaves like the District. Law-abiding gun owners can find a lot to celebrate in this decision. Nonetheless, the court left a number of unsettled issues that will form the new battleground for gun rights for years to come. The...
  • A Gun For Grandpa (Gun Rights In Chicago)

    06/02/2010 5:35:30 PM PDT · by raptor22 · 16 replies · 726+ views
    Investors.com ^ | June 2, 2010 | Investor's Business Daily Staff
    Second Amendment: Chicago is deciding whether to prosecute a great-grandfather and Korean War veteran under its handgun ban. He refused to be a victim, and now there's one less armed thug roaming the streets. What's the problem? If the 80-year-old vet living on the city's West Side didn't have the gun the city said he shouldn't have, he and his 83-year-old wife and 12-year-old great-grandson might have joined those victims of gun violence about whom gun-control advocates constantly chirp. The vet obtained the gun in violation of the city's handgun ban after a prior incident in which the couple was...
  • Calderon And Daley Want Your Guns

    05/24/2010 4:56:50 PM PDT · by Kaslin · 19 replies · 780+ views
    IBD Editorials ^ | May 24, 2010 | Investors Business Daily
    Gun Rights: Not happy with interfering in our internal affairs by savaging Arizona's new immigration law, the president of Mexico wants to shred our Second Amendment too. And the mayor of Chicago wants to help. There stood Mexican President Felipe Calderon before Congress, blaming America for the violence on his side of the border and, among other things, the guns that fuel the Mexican drug war that has claimed more than 23,000 Mexican lives since he took office in 2006. Rather than taking responsibility himself, he shoved the blame on America. It would all stop, he implied, if America would...
  • George Will: Privileges, Guns and the Court

    03/08/2010 10:40:23 PM PST · by neverdem · 18 replies · 240+ views
    realclearpolitics.com ^ | March 7, 2010 | George Will
    WASHINGTON -- It is said, more frequently than precisely, that the reasons the Supreme Court gives for doing whatever it does are as important as what it does. Actually, the court's reasons are what it does. Hence, the interest in the case the Supreme Court considered last week... --snip-- And even Justice Antonin Scalia, who recognizes that "substantive due process" is intellectual applesauce, thinks it is too late to repudiate 137 years of the stuff... --snip-- First, protecting the individual's right to keep and bear arms for self-defense was frequently mentioned by those who drafted and ratified the 14th Amendment,...
  • Chicago Gun Grabber Case: Also About States Rights?

    03/07/2010 12:31:07 PM PST · by foutsc · 55 replies · 505+ views
    Western Hero ^ | 7 March 2010 | Silverfiddle
    Are the 50 states required to obey the Second Amendment? Or can they do whatever they want, with no obligation to respect our right to keep and bear arms? That’s what’s at stake in the Chicago gun-ban case, McDonald v. City of Chicago (Alan Korwin) A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. -- 2nd Amendment to the US Constitution This will be a landmark decision Last year, The Supreme Court upheld our right to bear arms in the Heller...
  • Will McDonald v Chicago Incorporate 2nd Amendment Rights?

    03/07/2010 1:07:26 PM PST · by BuckeyeTexan · 19 replies · 209+ views
    The Moderate Voice ^ | 03/07/2010 | Jazz Shaw
    The Supremes are considering another 2nd amendment case which might have far reaching consequences (in a good way) on this particular battle front. George Will has a good column this week which takes a look at the history of the fight and what the implications of McDonald v Chicago might be. It probably will result in a routine ruling that extends a 2008 decision and renders dubious many state and local gun-control laws. What could — but, judging from the justices’ remarks during oral argument, probably will not — make the ruling momentous would be the court deciding that the...
  • Gun Rights: SCOTUS Set to Slap Down Chicago Gun Grabbers

    03/06/2010 1:43:10 PM PST · by foutsc · 34 replies · 1,058+ views
    Western Hero ^ | 6 March 2010 | Silverfiddle
    Here are some links to the Chicago Gun Ban case before the Supreme Court. It's looking good for us! Supreme Court Appears Ready To Overturn Chicago Gun Ban OrdinanceIf the early reports coming out of Washington D.C. are correct, we will not have to listen to the nonsense Mayor Richard Daley has been spinning for years. Mayor Daley has defended the city's handgun ban as being necessary and reasonable. Reasonable? For Whom? The New American - Partial Victory Could Have Other ImplicationsSo while the anticipated Supreme Court decision may represent a partial victory to some, and an unconstitutional infringement...
  • Most Americans Don't Believe Cities Can Prevent Citizens From Owning Handguns

    03/06/2010 5:23:30 AM PST · by marktwain · 16 replies · 484+ views
    rttnews.com ^ | 5 March, 2010 | na
    A new Rasmussen Reports survey released Friday showed that most Americans do not believe that city governments have the right to prevent citizens from owning handguns. According to the survey, 69% of Americans do not believe cities can prevent citizens from owning handguns. Only 25% believe that cities do have such a right. The survey comes as the Supreme Court is wrestling with a major case questioning whether Chicago's handgun ban violates the Second Amendment. The high number stems from the fact that the survey found that 70% of Americans believe that the U.S. Constitution guarantees the right of an...
  • Handgun ban should stay in Chicago

    03/05/2010 12:32:37 PM PST · by BuckeyeTexan · 64 replies · 1,356+ views
    Chicago Tribune Editorial ^ | 03/04/2010 | Carol Hillman
    I am dismayed that the City of Chicago's ban on handguns may be overturned by the U.S. Supreme Court. The second amendment to the Bill of Rights reads as follows: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The amendment talks about a well-regulated militia and thus, it would seem that the right to bear arms is directly related to a militia. In other words, those serving in a militia - or in the present - a branch of the Armed...
  • Guns for All, Privileges or Immunities for None - The hearings in McDonald v. Chicago promise an...

    03/04/2010 12:50:14 PM PST · by neverdem · 42 replies · 6,253+ views
    Reason ^ | March 4, 2010 | Brian Doherty
    Justice Antonin Scalia delivered the big laugh line of the hour at Tuesday’s Supreme Court hearings in McDonald v. Chicago. That case’s outcome will decide whether the Second Amendment rights vindicated in 2008’s D.C. v. Heller apply to states and localities. Scalia amused the crowd by asking a question that has perplexed some legal scholars and gun activists both for and against McDonald lawyer Alan Gura’s general goal of applying Second Amendment protections to all levels of American government. To get the joke, such as it was, you first need the background about what was at stake. The Bill of...
  • 'Right To Bear Arms' Means Just That

    03/03/2010 4:48:00 PM PST · by Kaslin · 52 replies · 1,891+ views
    Investors.com ^ | March 3, 2010 | INVESTORS BUSINESS DAILY Staff
    Otis McDonald, 76, stands before the Supreme Court, which Tuesday heard arguments in his suit to overturn Chicago's handgun ban Gun Rights: Otis McDonald, 76, an Army vet who lives in a high-crime area of Chicago, thinks the Constitution gives him the right to bear arms to protect himself and his wife as he protected his country. We think so too. On Tuesday, the Supreme Court heard arguments on behalf of four Chicago residents led by homeowner McDonald, the Second Amendment Foundation and the Illinois State Rifle Association to overturn Chicago's three-decade-old ban on owning handguns. In a 5-4...
  • Amateur’s Take On McDonald Second Amendment Arguments

    03/02/2010 6:59:52 PM PST · by Biggirl · 9 replies · 431+ views
    http://www.radioviceonline.com/ ^ | March 2, 2010 | Steve McGough
    On the USSC and the handgun ban in Chicago. I enjoyed listening to the audio of the Heller arguments but unfortunately, they did not release any audio for today’s arguments. This afternoon I posted the full text of the oral arguments within a few minutes of being released and I’ve taken the time to read through the 77 pages during some free time tonight.
  • Justices Signal They're Ready To Make Gun Ownership A National Right

    03/02/2010 6:30:33 PM PST · by Steelfish · 89 replies · 2,809+ views
    LATimes ^ | March 02, 2010 | David G. Savage
    Justices Signal They're Ready To Make Gun Ownership A National Right A high court majority reviewing a handgun ban in Chicago indicates that it sees the right to bear arms as national in scope, and can be used to strike down some state and local gun regulations. By David G. Savage March 3, 2010 Reporting from Washington - The Supreme Court justices, hearing a 2nd Amendment challenge to Chicago's ban on handguns, signaled Tuesday that they were ready to extend gun rights nationwide, clearing the way for legal attacks on state and local gun restrictions. The court's majority appears almost...
  • Supreme Court Misfires on McDonald Argument

    03/02/2010 6:03:50 PM PST · by neverdem · 69 replies · 1,949+ views
    National Review Online ^ | March 02, 2010 | Clark Neily
    In 1861, America began a war to end slavery. Shortly thereafter, we began another battle — Reconstruction — to end the incidents of slavery, culminating in the ratification of the Thirteen, Fourteenth, and Fifteenth Amendments. But from today’s arguments in McDonald v. City of Chicago, you would never know any of that had ever occurred, let alone that the Fourteenth Amendment — including specifically its Privileges or Immunities Clause — was enacted for the specific purpose of putting an end to a Southern tyranny that included the systematic disarmament of newly free blacks and their white supporters in order to...
  • Court Hears Second Amendment Debate On City Ban

    03/02/2010 5:06:34 PM PST · by anonsquared · 6 replies · 437+ views
    CBS2 Chicago ^ | March 2, 2010
    As they hear arguments in a case to against Chicago's nearly 30-year-old handgun ban, the U.S. Supreme Court appears willing to say that the Constitution's right to possess guns limits state and local regulation of firearms. ~snip "We have the right for health and safety to pass reasonable laws dealing with the protection and health of the people of the city of Chicago," Daley said. "This is the first time; once you start doing this, you'll start breaking down local laws, county and even state laws – unlawful use of a weapon," Mayor Daley said.
  • Court Leans to Pro-Gun-Rights Ruling

    03/02/2010 4:29:22 PM PST · by GOP_Lady · 19 replies · 831+ views
    The Wall Street Journal ^ | 03-02-10 | JESS BRAVIN
    WASHINGTON—The Supreme Court seemed ready to rule that gun possession is fundamental to American freedom, a move that for the first time would give federal judges power to strike down state and local weapons laws for infringing Second Amendment rights. At oral arguments Tuesday, the court considered whether its 2008 decision voiding the District of Columbia handgun ban should be extended to the rest of the country. Because Washington is a federal territory and not part of a state, the legal basis for imposing federal constitutional limits on laws adopted by states had been unclear.
  • What’s At Stake In The Chicago Gun-Ban Case, McDonald v. Chicago

    02/26/2010 5:03:19 AM PST · by marktwain · 8 replies · 403+ views
    ammoland.com ^ | 25 February, 2010 | Alan Korwin
    Washington, DC - -(AmmoLand.com)- Are the 50 states required to obey the Second Amendment? Or can they do whatever they want, with no obligation to respect our right to keep and bear arms? That’s what’s at stake in the Chicago gun-ban case, McDonald v. City of Chicago, at the U.S. Supreme Court, where oral arguments will be heard this Tuesday, March 2, with a decision expected in June. I’m hitting the road tomorrow (for two Texas conventions) and will be at the Court for eyewitness reports. The circus atmosphere does not appear to be in the air — yet this...
  • Chicago gun case could restore other civil rights

    02/26/2010 11:08:57 AM PST · by Free ThinkerNY · 2 replies · 429+ views
    Las Vegas Review-Journal ^ | Feb. 26, 2010 | CLARK NEILY
    Gun owners aren't the only ones who should pay close attention to the "McDonald" Chicago gun-ban case, which will be argued before the U.S. Supreme Court March 2. If properly decided, the case could restore an important legal tool to protect the rights of small business owners and homeowners who face oppressive state and local government regulations. Because the Supreme Court in McDonald may consider reinvigorating what is known as the "Privileges or Immunities clause" of the 14th Amendment, those engaged in civil rights battles nationwide may soon have a new arrow in their quiver to better defend the rights...
  • Gun rights case likely to be landmark Supreme Court ruling (liberal psychosis alert!)

    02/28/2010 1:18:17 PM PST · by pabianice · 34 replies · 895+ views
    LA Fishwrap ^ | 2/28/10 | Savage
    Justices will hear a challenge to Chicago's handgun ban and decide whether the 2nd Amendment can be used to strike down state and local gun restrictions. Otis McDonald says he is worried about the armed drug dealers on the streets in his Morgan Park neighborhood. "I only want a handgun in my home for my protection," said the 76-year-old. (Scott Strazzante / Chicago Tribune / January 14, 2010) When the Supreme Court takes up a challenge this week to Chicago's strict ban on handguns, it will hear two contrasting visions of how to make the city safer and to protect...
  • McDonald v. City of Chicago

    03/01/2010 7:57:04 AM PST · by NY.SS-Bar9 · 3 replies · 601+ views
    Scotusblog - Brief for Historians and Legal Scholars ^ | 03/01/10 | Brief for Historians and Legal Scholars
    In any case, the important question is not what the framers of the Fourteenth Amendment intended, but what the public that ratified the Amendment understood it to mean.Italics theirs.
  • Will the Supreme Court Recognize the Truth About Chicago's Handgun Ban?

    03/01/2010 10:14:29 AM PST · by ThomasHart · 9 replies · 791+ views
    Fox News ^ | March 1, 2010 | John R. Lott Jr.
    In the 2008 “Heller” decision, the Supreme Court struck down Washington, D.C.’s handgun ban and gunlock requirements. Unsurprisingly, gun control advocates predicted disaster. They were wrong. What actually happened in our nation’s capital after the Heller decision ought to be remembered tomorrow as the Supreme Court hears a similar constitutional challenge to the Chicago handgun ban. When the Heller case was decided, Washington’s Mayor Adrian Fenty warned: "More handguns in the District of Columbia will only lead to more handgun violence." Knowing that Chicago's gun laws would soon face a similar legal challenge, Mayor Richard Daley was particularly vocal. The...
  • The Supreme Court and the Truth About Chicago's Handgun Ban

    03/01/2010 3:34:23 PM PST · by JohnRLott · 24 replies · 784+ views
    Fox News ^ | March 1, 2010 | John R Lott Jr
    In the 2008 “Heller” decision, the Supreme Court struck down Washington, D.C.’s handgun ban and gunlock requirements. Unsurprisingly, gun control advocates predicted disaster. They were wrong. What actually happened in our nation’s capital after the Heller decision ought to be remembered tomorrow as the Supreme Court hears a similar constitutional challenge to the Chicago handgun ban. When the Heller case was decided, Washington’s Mayor Adrian Fenty warned: "More handguns in the District of Columbia will only lead to more handgun violence." Knowing that Chicago's gun laws would soon face a similar legal challenge, Mayor Richard Daley was particularly vocal. The...
  • Discussion of SCOTUS oral arguments in McDonald v. City of Chicago [2 Amm. case]

    03/02/2010 8:14:09 AM PST · by ctdonath2 · 149 replies · 4,780+ views
    supremecourtus.gov ^ | March 2, 2010
    Oral arguments in Supreme Court case McDonald v. City of Chicago have wrapped up. This thread is for gathering breaking news, transcripts, and commentary.
  • Analysis: 2d Amendment extension likely

    03/02/2010 9:37:16 AM PST · by neverdem · 74 replies · 1,416+ views
    scotusblog.com ^ | March 2nd, 2010 | Lyle Denniston
    The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right.  The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.When the Justices cast their first vote after starting later this week to discuss where to go from here, it appeared...
  • Justices signal end to Chicago ban on handguns

    03/02/2010 9:54:57 AM PST · by STARWISE · 150 replies · 5,717+ views
    <p>Most of the Supreme Court justices who two years ago said the 2nd Amendment protects individual gun rights signaled during arguments today they are ready to extend this right nationwide and to use it to strike down some state and local gun regulations.</p>
  • High court looks at reach of Second Amendment

    03/02/2010 10:12:27 AM PST · by cajuncow · 40 replies · 908+ views
    Yahoo News ^ | 3-2-10 | MARK SHERMAN, Associated Press Writer
    WASHINGTON – The Supreme Court appeared willing Tuesday to say that the Constitution's right to possess guns limits state and local regulation of firearms. But the justices also suggested that some gun control measures might not be affected. The court heard arguments in a case that challenges handgun bans in the Chicago area by asking the high court to extend to state and local jurisdictions the sweep of its 2008 decision striking down a gun ban in the federal enclave of Washington, D.C.
  • Guns and the States

    03/01/2010 6:23:17 PM PST · by GOP_Lady · 9 replies · 592+ views
    The Wall Street Journal ^ | 03-02-10 | The Wall Street Journal Editorial Staff
    The Supreme Court takes up another Second Amendment case. The Supreme Court today is the scene of a Constitutional duel in a case that will decide if the Second Amendment's guarantee of an individual right to bear arms applies to the states. The answer will determine whether the Court's landmark 2008 decision in District of Columbia v. Heller is a hollow legal anomaly, or if it extends nationwide. In McDonald v. Chicago, the Justices will consider whether the Windy City's ban on handguns is Constitutional. Brought by plaintiffs including 76-year-old Otis McDonald, who wants to keep a handgun in his...
  • McDonald v. Chicago Instant Analysis

    03/02/2010 11:31:04 AM PST · by freedomwarrior998 · 43 replies · 1,485+ views
    JoshBlackman.com ^ | 03-02-2010 | Josh Blackman
    The Court was not at all receptive to arguments on Privileges or Immunities but incorporation on Due Process is a slam dunk. More commentary soon. Update: Suffering through the bitter cold for nearly 14 hours (and being interviewed by Adam Liptak for the New York Times) was well worth the price to pay in order to witness the oral arguments in McDonald v. Chicago. While I think incorporation through the due process clause is a slam-dunk, I find it unlikely that the Court will reach to overturn the Slaughter-House cases and reinvigorate the Privileges or Immunities Clause. Alan Gura began,...
  • Gun Case Presents Quandary For Supreme Court Justices

    02/28/2010 8:33:32 PM PST · by Steelfish · 74 replies · 1,779+ views
    Gun Case Presents Quandary For Supreme Court Justices By Robert Barnes Monday, March 1, As a member of the Junior ROTC, teenager Antonin Scalia toted his rifle on the subway ride back and forth to Queens. As a hunter, he speaks lyrically of stalking wild turkeys. And as a justice, he may have reached the pinnacle of his more than two decades on the Supreme Court when he wrote the majority opinion that said the Second Amendment protects an individual's right to own a firearm. But when the justices on Tuesday confront the question of whether the amendment applies to...
  • U.S. Supreme Court: Gun control on culture war's front burner

    10/19/2009 9:59:25 AM PDT · by neverdem · 83 replies · 3,272+ views
    United Press International ^ | Oct. 18, 2009 | MICHAEL KIRKLAND
    As the U.S. Supreme Court makes its stately way into the new term, a case over the horizon promises to hit the 20,000 gun control laws in this country with the impact of a 9mm round. The prep work came last year in District of Columbia vs. Heller. A narrow 5-4 majority struck down the gun control law in the nation's capital, and for the moment settled an argument over just what the Second Amendment to the Constitution, part of the Bill of Rights, actually means. The Second Amendment reads, "A well regulated militia, being necessary to the security of...
  • High Court Targets Chicago's Gun Ban

    10/02/2009 5:59:52 PM PDT · by Kaslin · 19 replies · 2,517+ views
    IBD Editorials ^ | October 2, 2009 | INVESTORS BUSINESS DAILY
    Gun Control: The Supreme Court agrees to decide if the Second Amendment applies to all of us, or just Washington, D.C. Why would the Founders put in the Bill of Rights something applying only to a federal enclave? In a 5-4 decision last year written by Justice Antonin Scalia, the Supreme Court overturned a draconian District of Columbia gun ban enacted 32 years ago that barred private ownership of handguns at all. Scalia wrote that an individual's right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted. The court ruled that...
  • PRESS RELEASE: SUPREME COURT TO HEAR McDONALD CASE(2nd Amendment)

    10/01/2009 5:14:26 AM PDT · by marktwain · 8 replies · 844+ views
    chicagoguncase.com ^ | 30 September, 2009 | Alan Gura
    ChicagoGunCase.com Restoring the Second Amendment Sep 30 2009 The Schedule Published by Alan Gura under Uncategorized Here is what we can look forward to in the coming months… Our opening brief is due November 16. The city’s brief is then due December 16. Our reply brief is due January 15. The case is expected to be argued in February, with a decision expected by the end of June, 2010. No responses yet Sep 30 2009 PRESS RELEASE: SUPREME COURT TO HEAR McDONALD CASE Published by Alan Gura under news release Read the the U.S. Supreme Court docket WASHINGTON, D.C. –...
  • Supreme Court Agrees To Hear Chicago Gun Ban Case

    09/30/2009 7:12:10 AM PDT · by Lurker · 104 replies · 6,579+ views
    WLS Radio | 09/30/09 | WLS Radio
    Breaking on WLS Talk Radio. SCOTUS has agreed to hear the NRA case against the Chicago handgun ban.