McDonald Week

Posted in Anticipation by Mike Sacks on March 1, 2010

Tomorrow morning, the Court hears McDonald v. City of Chicago, which asks whether the Second Amendment’s individual right to keep and bear arms is incorporated against the states through the Privileges or Immunities Clause or the Due Process Clause of the Fourteenth Amendment.

In other words, the 2010 Court may exhume the PI Clause, which the 1873 Court in The Slaughter-House Cases buried five years after the Reconstruction Congress ratified the Fourteenth Amendment.  The Amendment’s Radical Republican framers, argues McDonald‘s lead counsel Alan Gura, intended for the PI Clause to protect American citizens’ fundamental rights both enumerated and unenumerated by the Constitution.

In still other words, McDonald is a huge case, not only for gun rights, but also, well, all rights–extinct, extant, or simply speculative.

As such, F1@1F will be going all-in with McDonald for the next few days.  All-in for a gun case, of course, requires more than most cases.  Much more.

It’s going to be crazy out there.  If I’m not first, at least I’ll get some great interviews with interesting people.  Here’s what to expect:

  • Keep an eye on F1@1F for photos and quick tweets.
  • By Tuesday night, I hope to have my oral argument report up at ABA Journal, followed on Wednesday by my vox populi column.
  • If I get enough people willing to go on camera, then I’ll have the first episode of Supreme Court Side Walk up here by Friday.
  • Until then, give the case’s SCOTUSWiki page a look, especially the most recent media links towards the bottom.

Come on by today or tonight if you’re in town, and bring me some pizza while you’re at it.  I’ll be the cold and hungry one without the gun.

…on second thought, bring enough pizza for everyone.


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