Tuesday, March 02, 2010

McDonald v. Chicago - Oral arguments today

Update: Analysis: 2d Amendment extension likely (from SCOTUSBlog)

This is troubling, though:
The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge. [emphasis mine]
Why is that relevant? Or, to echo a point Mr. Gura made at one time, the SCOTUS should be concerning itself with what the Constitution means, not whether it’s a good idea to follow it.

Just a reminder, oral arguments in McDonald v. Chicago are at 10:00 today. Apparently, SCOTUS has decided they will not release the audio, but the transcript should be available later today.

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