2nd Amendment and the States
Many expect the US Supreme Court to apply the 2nd amendment to States, invalidating many laws restricting gun ownership. Use of the US Constitution's Privileges and Immunities Clause, which says, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." is the most logical way for the court to do so. And after D.C. v Heller, it seemed like the next logical step. Paired with the conservative lean of the Supreme Court these days, many gun owners were optimistic. However, some of that optimism may have been dampened yesterday:
Judging by yesterday's oral argument, the Supreme Court is afraid to revisit that 1873 decision for fear of opening a can of worms. Chief Justice John Roberts began the questioning by invoking the heavy burden on anyone seeking to reverse Slaughter-House. Justice Antonin Scalia referred to the Privileges or Immunities Clause as the "darling of the professoriate," a reference not intended as a compliment.Noticeably absent was any question—not one—by any justice challenging the historical evidence that the right to keep and bear arms was among those included in the Privileges or Immunities Clause. For that matter, no justice seemed at all interested in the original meaning of any aspect of the 14th Amendment. (As is his practice, Justice Clarence Thomas, the one justice who has expressed sympathy for reviving the Privileges or Immunities Clause, asked no questions.)
SCOTUS Deals Government a Much-Needed Blow
Dr. Melissa Clouthier has a good summary:
SCOTUS Deals Socialism and Therefore, Obama, a Blow