Constitutional Law

Movement on Chicago gun case

Plaintiffs have filed a motion for summary judgment (pdf). As they're subject to a page limit of 15 pages, it can't be a treatise. But the critical points are made, and the style excellent. A person without a legal background can read and reasonably well understand it, which for a technical issue like 14th amendment incorporation, is hard to do.

On the side, they're giving the city flak about its answer to the complaint.

UPDATE: the odds of winning in the District Court are about zero, and appellate court not high. As I see it, the only likely win is in the Supreme Court, should it take the case. The trial court (even if not part of the Daley Machine) is going to answer "maybe you're right, but the Circuit Court of Appeals has said it's not incorporated against the States, and I can't overrule the Circuit." The Circuit would *probably* respond "maybe you're right, but (1) we've held previously that it wasn't incorporated and (2) a century ago the Supreme Court did the same (albeit under the earlier "privileges or immunities" approach only), and we can't overrule the Supreme Court." Then you go to the Supremes and see if they'll decide the issue.

Full post as published by Of Arms and the Law on August 01, 2008 (boomark / email).