SCOTUS prepared to “incorporate” 2nd Amendment via 14th?
It appears that may be the case as the Supreme Court hears oral arguments in the Chicago gun ban case (McDonald v. Chicago). Great write up at the SCOTUSblog if you haven’t read it. Per Lyle Denniston, the court appears to be leaning toward incorporating the individual right to keep and bear arms interpretation of the amendment nationally:
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.
Make sure you read the whole thing as there’s lots of interesting discussion about why most feel that will be the final decision of the court. Also note that while it is believed the court will incorporate the 2nd Amendment as an individual right, it will leave state and local governments with, as Denniston says “considerable authority to regulate that right”. That part of it, I’m sure, will continue to be fought in the courts over the years. But if this turns out as it appears it might, it will be an almost fatal blow to the “2nd Amendment is a collective right” crowd.
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