As for McDonald, Barr says:
While Supreme Court observers appear uniformly to consider that Chicago’s handgun ban will be invalidated, constitutional lawyers were more interested in the grounds on which the High Court might base its expected decision. Would the High Court frame its decision narrowly, as urged by the National Rifle Association, for example? Or might the Court take the more unusual step of using the Chicago case to establish that the right to keep and bear arms is a fundamental “privilege or immunity” (in the words of the Fourteenth Amendment)? The latter would make it more difficult for states and even the federal government to impose significant restrictions on future exercise of the Second Amendment’s guarantees.So here is another opinion that the Court won't have the guts to do what needs to be done here. Too bad.
The smart money is that the Court will throw out Chicago’s gun ban, but on narrower rather than broader grounds. I would prefer the broader, more constitutionally-honest approach, but I don’t anticipate being pleasantly surprised when the Court’s opinion is released later this spring.
The privilege and immunity argument will have to be left for another case.
ReplyDeleteMichael,
ReplyDeleteThanks for commenting. It does appear to be the case that the Justices will not undo 140 years of jurisprudence if they do not have to, no matter whether decided correctly or not. Not being a lawyer myself, I do wonder why the privileges and immunitites argument needs to wait for another case, and what sort of case would cause the Justices to look upon undoing Slaughterhouses favorably?
PolyKahr