Constitutional Law

Transcript of McDonald v. Chicago argument

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).

We thought Justice Thomas would ask a question, since toward the end of Chicago's presentation he passed a note to a clerk who departed and returned to give him a copy of the US reports (the official print of Supreme Court decisions). But no question was forthcoming, perhaps because Chicago's time ran out soon thereafter.

UPDATE: Bottom line is that Alan's argument for privileges or immunities incorporation drew serious fire from Scalia, and some from CJ Roberts, and none of the other friendly Justices rallied to assist. OK, read those tea leaves. The Court granted cert. on questions presented which included both P or I and due process incorporation, but there isn't much support for the former (or perhaps the supporters are remaining silent). Whichever it is, this is not a line of attack that at 10 AM on March 2, 2010 is going to give much promise to winning more votes if you persist.

Full post as published by Of Arms and the Law on March 03, 2010 (boomark / email).