Monday, June 8, 2009

Second Amendment Incorporation Update - Seventh Circuit Decision

As expected, given the judges' tone while questioning counsel during oral arguments a couple weeks ago in the McDonald v. Chicago case on which I posted at the time, the Seventh Circuit Court of Appeals last Tuesday declined to incorporate the second amendment to apply to the states.

Because the Ninth Circuit in April held in Nordyke v. King that the second amendment IS incorporated, we now have a circuit split and the possibility of the U.S. Supreme Court taking up the case to resolve the disagreement.

The plaintiffs in the case, the NRA and (separately) McDonald, have already appealed to the Supreme Court - now we'll see if the Supreme Court takes the case (it requires four of the nine justices to agree to hear a case in order for it to get on the Court's docket).