Constitutional Law

Transcript of McDonald v. Chicago argument

Posted on March 03, 2010
Available here. I think five votes for incorporation, there might be one (Thomas) who would go for privileges or immunities. (P or I has all the history and logic behind it, and due process has all the case law, and it certainly looks as if the Court favors the case law)...

McDonald v. Chicago

Posted on March 02, 2010
Just got back from oral argument. Short form: I think we have five votes. MIGHT do better than five, but five seem secure. Roberts, Scalia and Kennedy seemed VERY strongly against Chicago's position, Alito seemed against it, Thomas asked no questions but is thorough pro-2a and 14thA, so it looks like the Heller majority holds...

One debate I cannot understand

Posted on March 01, 2010
A post in the Washington Times. Key theme is conservatives (esp. "judicial activism is my key tenet" such) getting worried. My take: if there are ever five Justices for it, they can do ANYTHING they want under due process incorporation, since it has no leg or popular history underlying it -- it's more of good result, mind the means, rulings...

US News and World Retort on Chicago case

Posted on March 01, 2010
Story here. An excellent piece, in which the human aspects are all up front, and the complaints toward the back. Hat tip to Sixgun Sarah...

To access this complete feed in the blog feed reader login or register for free.

McDonald v, Chicago countdown

Posted on March 01, 2010
In Heller, the Supreme Court released the audio of the oral argument a few hours after it was completed, but In the case tomorrow they won't. A transcript of it will be online here, sometime later in the day. I'll be out of blogging action for some time, since I'll be in the courtroom (and waiting in line from 5 AM onward)...

article on McDonald case

Posted on February 28, 2010
In the LA Times. Memorable quote: "The 2nd Amendment says, "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." Throughout the 19th century, and until quite recently, the high court maintained that this clause was intended to give states the power to control armed militias...

Judge disbarred

Posted on February 26, 2010
The story gives new meaning to the term Bar Discipline. Word is that he is now considering a run for the State Senate. Hat tip to reader Saeid Shafizadeh...

USA Today on Otis McDonald

Posted on February 26, 2010
Story here. His background is turning into a solid human interest story, which in my experience is rare. "High profile cases" usually have symbolic plaintiffs rather than ones with an interesting life story directly linked to their theme.

National Law Journal on reviving privileges or immunities

Posted on February 26, 2010
Article by Timothy Sandefur, here.

Bill Clinton agrees with NRA

Posted on February 24, 2010
At least, concerning its role in the 1994 electoral turnover: "Clinton added that the National Rifle Association also played a bigger role than it's credited in turning over Congress during the 1994 Republican revolution. "They were mad about this whole weapons ban and the Brady Bill, and they probably took 15 of our House members out...

Bob Cottrol on Cruikshank

Posted on February 24, 2010
Prof. Bob Cottrol comments on that ruling in today's SCOTUSBlog. Hat tip to reader Alice Beard...

New Park rule takes effect tomorrow

Posted on February 21, 2010
Here is one of many, many stories about allowing carry of firearms in national parks and wildlife refuges, where State law allows it,

KY lawsuit over CCW permittee's firearm in parked vehicle

Posted on February 20, 2010
Complaint, in pdf, here. The plaintiff is an anesthesia tech, working at the university hospital; they fired him over his having a handgun in a car, parked on campus, about a mile away. I haven't checked the KY law, but it certainly sounds like he has a good case...

Brady releases its annual report card

Posted on February 19, 2010
One story here: "The Brady Campaign's report uses five categories to score states: how well they curb firearm trafficking, whether they perform background checks, how effectively they keep guns from children, whether they ban military-style weapons and how they regulate guns in public places...

Gun Owners Against Illegal Mayors

Posted on February 19, 2010
Bloomberg should be quaking in his boots ... or loafers. Gun Owners Against Illegal Mayors lists the rap sheets of his gang, and calls for their prosecution under the Racketeer Influences and Corrupt Organizations statutes. Do it for the children!

Washington State Supreme Court on incorporation

Posted on February 18, 2010
State v. Sieyes (pdf), handed down today. Defendant was charged with possession of a handgun by a minor. The court, in an extremely thoughtful ruling (citing Joyce Malcolm, Eugene Volokh, William van Alstyne and others) rules that the 14th Amendment due process clause incorporates the right to arms and makes it binding on the States, then remands for a determination as to whether the law passes muster (which was barely briefed)...

NRA Board elections

Posted on February 18, 2010
Just got my ballot issue, and went searching for candidates' webpages for more info. Here's what I found so far: Carol Bambery of Michigan, webpage here. Shooter, hunter, pro-gun attorney, carries an incredible load of NRA board work (serves on six committees, about twice the usual workload), filed pro-gun briefs in DC v...

Summary of issues in McDonald v. Chicago

Posted on February 17, 2010
There's a good summary here, by Cornell U's Legal Information Institute.

Payback is rough

Posted on February 16, 2010
Inland Fish and Game Conservation Association is likely to reopen its shooting range soon. Reading between the lines of the announcement: a land developer bought land close to the range, then sued to shut it down, claiming that birdshot were landing on his parcel...

A good day in Virginia

Posted on February 16, 2010
Virginia Civil Defense League is reporting that today: The following bills passed the Senate: SB 334, Senator Hanger, restaurant ban repeal - 22 to 18 SB 408, Senator Vogel, non-CHP holder can have their loaded handgun in a locked compartment of container in a private vehicle or boat - 24 to 16 SB 3, Senator Smith, clarifies that a CHP can be renewed through the mail - 29 to 11 SB 533, Senator McDougle, clarifies that a new CHP applicant that is denied has the right to a hearing - 32 to 8 And the following bills passed the House of Delegates: HB 49, Delegate Lingamfelter, repeals One Handgun a Month - 61 to 37 HB 854, Delegate Morefield, castle doctrine - 75 to 24 HB 52, Delegate Cole, makes it a $25 civil fine for not carrying a CHP while carrying concealed - 99 to 0 HB 26, Delegate Wright, limits what information must be supplied by a CHP applicant - 99 to 0 HB 1217, Delegate Lewis, lets school boards offer firearms safety classes - 99 to 0 HB 8, Delegate Carrico, clarifies that a CHP can be renewed through the mail - 75 to 24 HB 69, Delegate Carrico, Virginia Firearms Freedom, protection on guns made and sold in Virginia) - 70 to 29 HB 79, Delegate Ware, prohibits circuit courts from releasing CHP application information to the public - 87 to 10 HB 108, Delegate Cole, requires guns that localities get in a buy-up must be auctioned if possible - 75 to 24 HB 109, Delegate Cole, repeals law that allows localities to tax and register handguns - 80 to 18 HB 171, Delegate Pogge, prevents an employer and others from banning firearms in locked vehicles in a parking lot - 72 to 27 HB 236, Delegate Janis, allows for discharge close to a subdivision if done safely - 79 to 19 HB 490, Delegate Lingamfelter, authorizes the State Police to investigate a lifetime CHP - 78 to 20 HB 870, Delegate Cline, removes the authorization for a locality to fingerprint first time CHP applicants - 83 to 15 HB 871, Delegate Cline, clarifies that a new CHP applicant that is denied has the right to an ore tenus hearing - 92 to 7 HB 885, Delegate Athey, non-CHP holder can have their loaded handgun in an unlocked compartment of container in a private vehicle or boat - 74 to 25 HB 1070, Delegate Athey, CHP holder can carry in an emergency shelter - 74 to 24 HB 1191, Delegate Griffith, permits a judge to allow a circuit court clerk to issue CHPs if there are no problems with the applicant - 86 to 12 HB 1379, Delegate Sickles, requires that child-care facilities in Northern Virginia follow state law in regard to storage of firearms - 86 to 12 Sounds like a pretty good day!

Debate on guns on campus

Posted on February 16, 2010
It's in the comment section to this post on the N.Y. Times blog. Hat tip to reader Nick L. ...

Prof. Aynes' recent 14th Amendment writings

Posted on February 15, 2010
Prof. Aynes of U of Akron law school has two interesting recent articles. One, in Cardozo Law Review de novo (online version) deals with self-defense and the 14th Amendment. I liked the story of the abolitionist Senator, at a time when things were getting violent even on the floor, who made sure he was seen putting two pistols in his desk on the Senate floor...

Bureaucratic memories

Posted on February 15, 2010
The comment to the previous post reminds me of an experience when I worked in Interior's legal shop. Understand, to a bureaucrat "we've always done it this way" is sacred, safe; "we've never done it that way" means it's dangerous and unwise. Early one morning my boss and I are attending the staff meeting of the Deputy Director, US Fish and Wildlife Service, when an Ass't Director brings up a strange issue...

Ooops...

Posted on February 15, 2010
ATF issues permits for importation of 13,000 barrel shrouds, then decides they are silencers. From the description, it sounds as if the shrouds are designed to look like suppressors, but the barrel really extends to the front end of it ... in which event I can't see how they could suppress the sound any...

Campaigning in the grand style

Posted on February 12, 2010
In North Carolina, it's time for full auto fundraising. "By adding $25 to D'Annunzio's campaign kitty, supporters got the opportunity to fire an Uzi or an MP-5 submachine gun. "I was so good the first time," said 56-year-old Victoria Schott of Charlotte, "I'm going to do it again...

Seattle ban struck down

Posted on February 12, 2010
Seattle's ban on possessing firearms on city property has been struck down, as violating pre-emption.

Hunting for a whistleblower

Posted on February 11, 2010
David Codrea catches Justice Department trying to track down a BATFE whistleblower.

Utah passes exemption from Federal firearm laws

Posted on February 11, 2010
Story here. The bills of this type that I have seen provide that a gun made within the State and transferred to a State resident are exempt from Federal control. The big difficulty, as I see it, is the Raich decision on medicinal marihuana, holding that growing and using marihuana in-State (and I think persons were forbidden to sell it) came within the Congressional power over interstate commerce...

Yes, US/ATF is suing for damage to reputation

Posted on February 11, 2010
Story here. When I heard this claim, I thought it improbable that they could find an Ass't US Attorney sufficiently nuts to sue, or counterclaim, for reputational damage to the US or an agency over a critical book, let alone one written by a whistleblowing employee...

Bank robber turned Supreme Court draftsman

Posted on February 10, 2010
An interesting life story. While serving time for bank robbery, he teaches himself to become a jailhouse lawyer.... and finds he is unbelievably good at it, soon generating an impressive record with the Supreme Court. He's now editing for Cockle Press, the country's biggest printer for US Supreme Court briefs...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.