Monday, June 28, 2010

McDonald v Chicago in

I have mixed views about the Chicago gun case. To put it best, I concur with the judgement. I am not a believer in "substantive due process", only procedural due process. I believe that the Bill of Rights was intended to apply to the states through the 14th Amendment's Privileges and Immunities provisions. I would have loved to have seen Slaughterhouse, Cruikshank, and Presser eliminated completely. SCOTUS did not address those cases which was a shame. I tend to agree much more with Justice Thomas's partly concurring and concurring in the judgment opinion. I do have strong biases against the Doe, Roe, and Casey cases however.

SCOTUS followed the current "selective incorporation" process, much the same way as the 1st amendment was passed on to the states.

I don't believe in the perfect being the enemy of the good, and overall this was good. I think it could be better, but this is a big improvement over crooks and cops being the only ones to have the guns. When only the police have guns, the result is a police state.

Regardless of that, one scary determination is that we are one judge away from losing this. Obama's Sotomayor is who we thought she was and took her Cruikshank support to SCOTUS. Ginsburg's civil liberty support ends at those she doesn't like. Stevens and Breyer are well known in their views and are no surprise. It is absolutely critical that a firewall is built to stop Obama from replacing one of the five.

This isn't over, not by a longshot.

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