SCOTUS will take up case to decide whether 2nd Amendment is incorporated against the States
The Supreme Court has agreed to decide on a case which will determine whether the 2nd Amendment to the US Constitution is one that is “incorporated” against infringement by state and local governments. From SCOTUSblog:
The Court had three cases from which to choose on the Second Amendment issue — two cases involving a Chicago gun ban, and one case on a New York ban on a martial-arts weapon. It chose one of the Chicago cases — McDonald v. Chicago (08-1521) — a case brought to it by Alan Gura, the Alexandria, VA. lawyer who won the 2008 decision for the first time recognizing a constitutional right to have a gun for personal use, at least in self-defense in the home (District of Columbia v. Heller). A second appeal on the Chicago dispute had been filed by the National Rifle Association (NRA v. Chicago, 08-1497). Presumably, the Court will hold onto that case until it decides McDonald; the same is likely for the New York case, Maloney v. Rice (08-1592) — a case in which Justice Sonia Sotomayor had participated when she was a judge on the Second Circuit Court.
There’s been no specific date for the review but it will be done this term. This is excellent news and I look forward to hearing more.
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Time October 9, 2009 at 15:06
[...] for perhaps it will start to translate into action at the state and local level. Unless, of course, the Supreme Court doesn’t handle that for the States and localities this [...]