I've been asked by the American Bar Association's Section on State and Local Government Law to moderate a continuing legal education teleconference on the McDonald v. City of Chicago case. It will occur on Feb. 25, 2010 at 1:30 p.m. Eastern. Announcement and signup are available on the ABA website, here. My resource page on the case is here. Oral arguments will be on March 2, 2010.
The gist: the U.S. Supreme Court is scheduled to hear arguments in McDonald v. City of Chicago, a case asking whether the Fourteenth Amendment’s Privileges or Immunities Clause or the Due Process Clause makes the Second Amendment applicable to the states and local governments.
The issue goes far beyond Chicago's handgun ban and the Second Amendment. The CLE program will be far reaching but should hit the following questions:
- What might the Court do with the request to overrule The SlaughterHouse Cases, 83 U.S. (16 Wall.) 36 (1873)?
- Did the Privileges or Immunities Clause of the Fourteenth Amendment incorporate the entire Bill of Rights against the States?
- If the Court rejects selective incorporation what might this mean for state and local law practitioners?
- Might the Court’s decision give rise to same sex marriage or universal health care as federal “privileges or immunities?”
The expert panelists are:
Michael Kent Curtis, Judge Donald L. Smith Professor in Constitutional and Public Law, Wake Forest University School of Law, Winston-Salem, NC
Lawrence Rosenthal, Professor of Law, Chapman University School of Law, Orange, CA
Ilya Shapiro, Senior Fellow in Constitutional Studies and Editor-in-Chief, Cato Supreme Court Review, Cato Institute, Washington, DC
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