The Chicago Gun Case and Slaughterhouse
Via Alan Gura, Reason’s Brian Doherty has a look at the legal strategery:
If McDonald is won without the death of Slaughterhouse, it will still be a cheering victory for a core constitutional right. But if Gura wins the way he wants to win, he will have succeeded in creating a constitutional revolution of sorts, one with both promise and peril for keeping government power within prescribed limits.
Good luck, sir.
December 3rd, 2009 at 11:34 am
Thanks for the update. The fabric of America and individual rights may well depend on how this case plays out.
December 3rd, 2009 at 1:47 pm
I read a pretty good analysis of this tactic at Volokh.
From that perspective, it is highly unlikely that the Justices will accept that argument.
I take it as incorporation is pretty-much a slam-dunk, so Guru went for the home run with his argument. Sorry for the mixed metaphors…