Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

SCOTUS decides Second Amendment applies to the states in 5-4 opinion

By Douglas A. Berman

Here is the early report from SCOTUSblog on the long-anticipated McDonald Second Amendment incorporation decision: Alito announces McDonald v. Chicago: reversed and remanded. Gun rights prevail. The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense. Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor. Here is more from the SCOTUSblog folks: The majority seems divided, presumably on the precise standard. The majority Justices do not support all parts of the Alito opinion, but all five agree that the 2d Amendment applies to state and local government. Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause...continue to full post

Full post as published by Sentencing Law and Policy on June 28, 2010 (boomark / email).