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Law Students
: Nuts & BoaltsHang on to Your Handgun
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As you may know, the Ninth Circuit recently held in Nordyke that the Second Amendment is incorporated into the 14th Amendment's due process clause. Last week the Seventh Circuit held exactly the opposite in National Rifle Association v. City of Chicago (pdf). On Wednesday the NRA filed a petition for certiorari (pdf), which raises one question:Whether the right of the people to keep and bear arms guaranteed by the Second Amendment to the United States Constitution is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the states, thereby invalidating ordinances prohibiting possession of handguns in the home.Incorporation cuts both ways, doesn't it?
Query: if the Court grants cert, what are the strangest amici bedfellows this case could produce?
Full post as published by Nuts & Boalts on June 06, 2009 (boomark / email).
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