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« Probable cause and CCW with a permit | Main | Bring on the clowns »

Chicago case: divided argument

Posted by David Hardy · 17 December 2009 05:16 PM

Petitioner's attorney, Alan Gura, has agreed to divide argument and give 10 minutes to the Attorney General of Texas, to argue on behalf of the 38 States that signed the amicus brief supporting Petitioner.

Yes, I'd say this is going to be lively. Probably more so even than Heller. The Court is looking at:

1) Only its second real right to arms case (Miller was really more of a judicial notice case);

2) It's first 14th Amendment incorporation case in 20-30 years (depending upon what you mean by incorporation case) ... if you take the former measure, only Justice Stevens has been around long enough to have heard one of those, and if you take the latter measure, no one on the Court has ever ruled on the issue;

3) The first serious argument over privileges or immunities incorporation since, oh, 1947, I think ... at which point Justice Alito was not yet born, and Justice Stevens had just received his law degree.

(Gad, looking up Justice Stevens -- not to say he's been around a bit, but he saw Babe Ruth play, received a bronze star for helping with the codebreaking that got Admiral Yamamoto shote down).

· Chicago gun case

2 Comments | Leave a comment

Turk Turon | December 17, 2009 6:27 PM | Reply

And not only did he see Babe Ruth play, he got to see him "call his shot"!

Carl from Chicago | December 18, 2009 3:51 PM | Reply

Boy, I wish I could be in the courtroom at about 1000 on 2 March of next year!!

Alas ... other commitments transpire, so I shall have to catch the audio.

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