Informal transcript of Parker argument

A few quick thoughts off the top of my head...

Easy to say this now, but it seems both sides could have done better. I'm suprised DC relied upon MA, one of two states to make a collective rights interpertation of their own constutution, instead of the 9th Circuit. Plaintiffs never mentioned the 5th Circuit, or the fact that the MA constutution speciffically says "for the common defense" and so is easily distinguishable.

There seemed to be some confusion on Miller on all parts. Of course, these are just notes, not a transcript. I recall that the 1st Circuit more or less discarded the Miller test in a case shortly after WWII. The Court took notice that shotguns and many other types of weapons were in use by our armed forces and felt the usefullness in a militia test had lettle meaning (I think - I need to re-read it).

Also, this is of course a DC case, but the adopting of the 14th Amendment gives some guidance. I recall seeing somewhere that when the 14th was adopted 2nd was discussed as an individual right that should be applied to the states.

It was interesting that DC argued that the 2nd applies to the states. I think the "security of a free state" applied to the US as a nation state and was intended to be read that way, but DC seemed to argue that the "free state" under consideration was each of the several states. That makes an interesting contradiction from the bill or rights not being binding on the states and the entire "incorporation doctrine."

Yeah, that was US v Cases (most hilariously difficult case to find via google) and it was in Puerto Rico in 1943 I think. But I dont remember the cite unfortunately. They basically took one look at Miller and said "holy shit, everything is protected! run away!" and basically resorted to the old "they couldnt possibly have meant what they said" version of stare decisis.

Also, what does "duck on a june bug" mean?

Cases v. U.S., 131 F.2d 916 (1st Cir. 1942)