Constitutional Law

McDonald v. Chicago

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. Conversely, Breyer attacked Heller and kept arguing against incorporation. Majority did not like privileges or immunities, but due process seemed solid.

Humor: the room was packed, hundreds of people, every seat taken. After McDonald, the Court remained in place to hear the next case. As I left I heard the chief justice say "Well, counsel, WE're still here." I looked back and saw what he meant -- there were perhaps 20 people staying for the next case, as hundreds left.

Full post as published by Of Arms and the Law on March 02, 2010 (boomark / email).