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The McDonald case makes me...

Discussion in 'Legal & Political Archive' started by tallshipsgo, Feb 1, 2010.

  1. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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  2. ZachS

    ZachS Eugene/PDX Active Member

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    No case lives or dies on amicus briefs, and this one won't likely have a lot of influence on the decision... I bet the McDonald court will wind up with a very narrowly-written opinion that requires states to allow handgun ownership, but gives 'em quite a bit of latitude when it comes to licensing/CCW/open carry/etc. In short, it'll probably be a hollow victory for gun rights that doesn't really satisfy anybody.
     
  3. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    It's not exactly a case looking to allow some guy in suburban Chicago to own a handgun. That may have been the initial premise but it’s now a case based on 14th amendment incorporation and could, potentially, be used to overturn thousands of laws throughout all 50 states if SCOTUS finds in favor of McDonald. Will they find for McDonald? Who can say – I can’t and you can’t claim to know for certain. Do amicus briefs have an impact? Probably not a large impact but they do have some otherwise nobody would bother writing them. The city of Chicago has several groups writing amicus briefs (the Brady bunch and others) in favor of the law and gun control in general. Again, will they have an impact? Who knows but probably not a substantial one. We’ll have to wait five months to find out.
     
  4. ZachS

    ZachS Eugene/PDX Active Member

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    I know! And I hate waiting.....
     
  5. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    Me too! Absolutely hate it! :D