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McDonald v. City of Chicago

By Lawrence Solum

5-4 for the Petitioner, with Alito writing for the majority.  Here is the NPR story.  Four justices based incorporation of the right to bear arms on the due process clause, with Thomas relying on the privileges or immunities clause.  Here is a passage from the majority:

We see no need to reconsider that interpretation [in Slaughterhouse] here. For many decades, the question of the rights protected by the Fourteenth Amendment against state infringement has been analyzed under the Due Process Clause of that Amendment and not under the Privileges or Immunities Clause. We therefore decline to disturb the Slaughter- House holding.

Full post as published by Legal Theory Blog on June 28, 2010 (boomark / email).