My write-up of this morning’s oral argument in McDonald v. City of Chicago is now live at ABA Journal:
In McDonald v. City of Chicago, the Supreme Court made clear that the penalty for constitutional grave-digging is death by firing squad. [...]
The big question going into today’s argument was not whether the justices would incorporate the Second Amendment—the Heller Five were guaranteed to do so—but rather how they would incorporate.
This is where it got bloody for Alan Gura, petitioners’ lead counsel and Heller’s victorious advocate.
Read the rest here.
Welcome Above the Law readers!
Georgetown 3L Mike Sacks had a mission this semester. He wanted to be first in line for every major argument at the Supreme Court. He’s been documenting his adventures on his blog First One @ One First.
This is made easier for him because he has no morning classes and lives on Capitol Hill, a few minutes away from the High Court. He should also have camping experience from his undergrad days at Duke, but unlike me, he somehow avoided spending time in Krzyzewskiville.
Maybe if he had paid his dues tenting out for basketball games, he would have succeeded in his mission. But no. Some Californians derailed him this week, as documented by the New York Times.
Fair enough, Kash.
Keep a lookout at ATL tomorrow next week:
Sacks will be writing a post for us on how to tailgate score a SCOTUS seat. If you have any specific questions, shoot us an email.
Until then, I must hunker down and get my oral argument write-up readied for the ABA Journal tonight, and maybe even get a Supreme Court Side Walk clip posted on here before my body shuts down.
Make sure to subscribe to F1@1F’s email, RSS, or Twitter feeds available to the right.
Adam Liptak of the NYT has scooped my McDonald vox populi column and I can’t thank him more for doing so.
WASHINGTON — Mike Sacks likes to be the first person in line for big Supreme Court arguments, and he was feeling pretty confident when he arrived at the court Monday morning around 8, 26 hours before the court would hear a big gun-control case.
To all the readers directed to F1@1F from Mr. Liptak’s story, please enjoy your stay and be sure to subscribe!
Just got home from nearly 24 hours out on the pavement. The company was wonderful all night and the line got mega-long come daybreak.
Despite my pout above, I am honored to claim Third One @ One First behind Rob and Larken. They flew out from Malibu, CA, to see McDonald and hit the concrete at 5:30am yesterday. Champions, both of them!
A few notes:
- Look for Adam Liptak of the NYT to scoop my vox populi column tonight or tomorrow. He came out last night and this morning to cover F1@1F and the line experience more generally.
- There were far fewer gun rights supporters in line than I expected. I deeply enjoyed getting to know those who were there, however.
- Huge thanks to ABA Journal for buying the line pizza last night!
- Thanks to Josh Blackman for teaming up with me to deliver some fun overnight coverage. Check out joshblackman.com for some more video and commentary.
- Dick Heller came out to entertain the linegoers last night and this morning. He was especially a hit among the fifteen high schoolers from Cupertino, CA, that braved the cold overnight wait.
- Predictions for McDonald are all over the place, from 5-4 to 9-0. The only thing everyone agrees upon is that the Second Amendment will be incorporated against the states.
- Finally, I think I got the makings of the first Supreme Court Side Walk episode. I hope to have it up here in some fashion by the week’s end.
Time to dethaw, get clean, suit up, and head back out.