hawaiioceanlaw.com: McDonald v. City of Chicago: Resource Page

Decision

U.S. Supreme Court decision

Oral Argument Trancript

Presentations

American Bar Association's Section on State and Local Government Law - CLE Teleconference, Feb. 25, 2010 at 1:30 p.m. Eastern. Announcement and signup are available on the ABA website, here.

Case Background

The U.S. Supreme Court has agreed to hear a case that has the potential to re-write over 100 years of 14th Amendment jurisprudence. The case is McDonald v. City of Chicago, No. 08-1521 (cert granted Sept. 30, 2009).

The Fourteenth Amendment states:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Question Presented

The Question Presented is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses.

Decision Below:

The Court of Appeals for the Seventh Circuit decision is here.

Merits Briefs (Courtesy of the ABA)

Petitioner's Opening Brief

Respondent National Rifle Association's Brief in Support of Petitioner

Respondent City of Chicago's Answering Brief

Respondent NRA's Reply Brief

Petitioner's Reply Brief (courtesy of www.chicagoguncase.com)

Amicus Briefs (Courtesy of the ABA)

Amicus Cato Institute and Pacific Legal Foundation's Brief in Support of Petitioner

Amicus Madison Society, et al.'s Brief in Support of Petitioner

Amicus< P> Paragon Foundation's Brief in Support of Petitioner

Amicus Rutherford Institute's Brief in Support of Petitioner

Amicus Heartland Institute's Brief in Support of Petitioner

Amicus Buckeye Firearms Foundation Inc.'s Brief in Support of Petitioner

Amicus State Legislators' Brief in Support of Petitioner

Amicus Professors of Philosophy, Criminology, Law and Other Fields' Brief in Support of Petitioner

Amicus Senator Kay Bailey Hutchison, et al. Brief in support of Petitioner

Amicus Foundation for Moral Law's Brief in Support of Petitioner

Amicus National Shooting Sports Foundation, Inc.'s Brief in Support of Petitioner

Amicus Jews for Preservation of Firearms Ownership's Brief in Support of Petitioner

Amicus Arms Keepers' Brief in Support of Petitioner

Amicus Academics for the Second Amendment's Brief in Support of Petitioner

Amicus Center for Constitutional Jurisprudence's Brief in Support of Petitioner

Amicus American Center for Law and Justice's Brief in Support of Petitioner

Amicus Maryland Arms Collectors' Assn., Inc.'s Brief in Support of Petitioner

Amicus Calguns Foundation, Inc.'s Brief in Support of Petitioner

Amicus Thirty-Four California District Attorneys, et al.'s Brief in Support of Petitioner

Amicus American Legislative Exchange Council's Brief in Support of Petitioner

Amicus Goldwater Institute Scharf-Norton Center for Constitutional Government, et al.'s Brief in Support of Petitioner

Amicus NAACPLegal Defense and Educational Fund, Inc.'s Brief in Support of Neither Party

Amicus Insitute for Justice's Brief in Support of Petitioner

Amicus Safari Club Int'l's Brief in Support of Petitioner

Amicus Gun Owners of America, Inc., et al.'s Brief in Support of Petitioner

Amicus Eagle Forum Education and Legal Defense's Brief in Support of Petitioner

Amicus International Law Enforcement Educators and Trainers Assn, et al.'s Brief in Support of Petitioner

Amicus Women State Legislators and Academics' Brief in Support of Petitioner

Amicus States of Texas, et al.'s Brief in Support of Petitioner

Amicus Rocky Mountain Gun Owners, et al.'s Brief in Support of Petitioner

Amicus Constitutional Law Professors' Brief in Support of Petitioner

Amicus State Firearm Associations' Brief in Support of Petitioner

Amicus American Civil Rights Union, et al.'s Brief in Support of Petitioner

Amicus Brady Center to Prevent Gun Violence, et al.'s Brief in Support of Neither Party

Amicus Educational Fund to Stop Gun Violence's Brief in Support of Respondent

Amicus Anti-Defamation League's Brief in Support of Respondent

Amicus Representatives Carolyn McCarthy, Mike Quigley, and 53 Other Congress Members of the United States Congress Brief in Support of Respondent

Amicus English/ Early American Historians Brief in Support of Respondents (reprint)

Amicus Professors of Criminal Justice Brief in Support of Respondents

Amicus American Cities, Cook County, Illinois, and Police Chiefs Brief in Support of Respondents

Amicus United States Conference of Mayors Brief in Support of Respondents

Amicus Organizations Committed to Protecting the Public's Health, Safety, and Well-Being's Brief in Support of Respondent

Amicus States of Illinois, Maryland, and New Jersey Brief in Support of Respondent

Amicus Historians and Legal Scholars Brief in Support of Respondent

Amicus Thirty-Four Professional Historians and Legal Historians Brief in Support of Respondents

Amicus Historians on Early American Legal Constitutional and Pennsylvania History Brief in Support of Respondent

Amicus (if motion granted) Law Professor and Students Brief in Support of Respondent

Amicus Association of Prosecuting Attorneys and District Attorneys Brief in Support of Respondent

Amicus Villages of Winnetka and Skokie, Illinois, the City of Evanston, Illinois, the Illinois Municipal League, and the International Municipal Lawyers Association Brief in Support of Respondent

Amicus Board of Education of The City of Chicago, the Institute of Medicine of Chicago, Wayman African Methodist Episcopal Church of Chicago, the Illinois Council Against Handgun Violence, Legal Community Against Violence, Violence Policy Center, States United to Prevent Gun Violence, Freedom States Alliance, Connecticut Against Gun Violence, Maine Citizens Against Gun Violence, Citizens for a Safer Minnesota, Ohio Coalition Against Gun Violence, Wisconsin Anti-Violence Effort Educational Fund, and Gunfreekids.Org Brief in Support of Respondent

Amicus Oak Park Citizens Committee for Handgun Control Brief in Support of Respondent

Cert Petition Stage

Pleadings (courtesy of SCOTUSBLOG)

Precedent

Slaughterhouse Cases

Scholarly Publications

Ilya Shapiro, Opening Pandora's Box? Privileges or Immunities, the Constitution in 2020, and Properly Incorporating the Second Amendment

Cardozo Law Review Symposium, 2010.

Kenneth A. Klukowski, Incorporating Gun Rights: A Second Round in the Chamber for the Second Amendment, Engage: The Journal of the Federalist Society's Practice Groups, Nov. 16, 2009.

Clark Neily & Robert J. McNamara, Getting Beyond Guns: Context for the Coming Debate over Privileges or Immunities, Engage: The Journal of the Federalist Society's Practice Groups, Nov. 16, 2009.

Ilya Shapiro, Opening Pandora’s Box? Privileges or Immunities, The Constitution in 2020, and Properly Incorporating the Second Amendment (publication pending).

Blogosphere and Mainstream Media