McDonald v. City of Chicago

From ScotusWiki

To be argued March 2, 2010.

Authorship: Lyle Denniston of SCOTUSblog

Note: The National Rifle Association is considered a "respondent" in this case under the Supreme Court's Rule 12.6, but it supports the petitioner McDonald on the merits. The NRA's filings below are therefore listed with the petitioner's.

Docket: 08-1521

Issue: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

Contents 1 Briefs and Documents 1.1 Merits Briefs 1.2 Amicus Briefs 1.3 Certiorari-Stage Briefs 2 Links and Further Information 2.1 Media Links 2.2 From the Blogosphere 2.3 Other Resources

Briefs and Documents

Merits Briefs

• Brief for Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
• Brief of the National Rifle Association of America, Inc. et al., in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
• Brief for Respondents City of Chicago and Village of Oak Park

Amicus Briefs

In Support of Petitioner

• Brief for the Rutherford Institute in Support of Petitioners
• Brief of the Paragon Foundation, Inc., in Support of Petitioners
• Brief of the Heartland Institute in Support of Petitioners
• Brief of the Appellants from the Ninth Circuit Incorporation Case of Nordyke v. King, Madison Society, and Golden State Second Amendment Council in Support of Reversal
• Brief for Buckeye Firearms Foundation Inc., in Support of Petitioners
• Brief for State Legislators in Support of Petitioners
• Brief for Professors of Philosophy, Criminology, Law, and Other Fields in Support of Petitioners
• Brief for Senator Kay Bailey Hutchinson, Senator Jon Tester, Representative Mark Souder, Representative Mike Ross, and 56 Additional Members of the United States Senate and 249 Additional Members of the United States House of Representatives in Support of Petitioners
• Brief for the Foundation for Moral Law in Support of Petitioners
• Brief for the National Shooting Sports Foundation, Inc. in Support of Petitioners
• Brief for Jews for the Preservation of Firearms Ownership in Support of Petitioners
• Brief for Arms Keepers in Support of Petitioners
• Brief for Academics for the Second Amendment in Support of Petitioners
• Brief for the Center for Constitutional Jurisprudence in Support of Petitioners
• Brief of the American Center for Law and Justice in Support of Petitioners
• Brief for the Maryland Arms Collectors' Association, Inc. in Support of Petitioners
• Brief for the Calguns Foundation, Inc. in Support of Petitioners
• Brief for Thirty-Four California District Attorneys; Eight Nevada District Attorneys; Graham County, Arizona, Former Sheriff Richard Mack; Mendocino County, California, Sheriff Thomas D. Allman; Tehama County, California, Sheriff Clay D. Parker; California Rifle and Pistol Association Foundation; Long Beach Police Officers Association; San Francisco Veterans Police Officers Association; Arizona Citizens Defense League; Texas Concealed Handgun Association; Virginia Citizens Defense League; and Bloomfield Press in Support of Petitioners
• Brief for the American Legislative Exchange Council in Support of Petitioners
• Brief for the Goldwater Institute Scharf-Norton Center for Constitutional Government and Wyoming Liberty Group in Support of Petitioners
• Brief for State Firearm Association in Support of Petitioners
• Brief for the Institute for Justice in Support of Petitioners
• Brief for the Safari Club International in Support of Petitioners
• Brief for Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., Maryland Shall Issue, Inc., DownsizeDC.org, Conservative Legal Defense and Education Fund, the Lincoln Institute for Research and Education, U.S. Border Control, and U.S. Border Control Foundation in Support of Petitioners
• Brief for Eagle Forum Education and Legal Defense in Support of Petitioners
• Brief for the International Law Enforcement Educators and Trainers Association (ILEETA), International Association of Law Enforcement Firearms Instructors (IALEFI), Southern States Police Benevolent Association, Texas Police Chiefs Association, Law Enforcement Alliance of America, Congress of Racial Equality, the Claremont Institute, Professors Carlisle E. Moody, Roy T. Wortman, Raymond Kessler, Gary Mauser, Dr. Sterling Burnett, and the Independent Institute in Support of Petitioners
• Brief for Women State Legislators and Academics in Support of Petitioners
• Brief for the States of Texas, Ohio, Arkansas, Georgia, Alabama, Alaska, Arizona, Colorado, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming in Support of Petitioners
• Brief for Rocky Mountain Gun Owners and National Association for Gun Rights in Support of Petitioners
• Brief for Constitutional Law Professors in Support of Petitioners
• Brief for the American Civil Rights Union, Let Freedom Ring, Committee for Justice, and the Family Research Council in Support of Petitioners
• Brief for the CATO Institute and Pacific Legal Foundation in Support of Petitioners

In Support of Respondents

• Brief for the Anti-Defamation League
• Brief for Professors of Criminal Justice
• Brief for 34 Professional Historians and Legal Historians
• Brief for the Educational Fund to Stop Gun Violence
• Brief for the Villages of Winnetka and Skokie, Illinois, the City of Evanston, Illinois, the Illinois Municipal League, and the International Municipal Lawyers Association
• Brief for American Cities, Cook County, Illinois, and Police Chiefs
• Brief for Association of Prosecuting Attorneys and District Attorneys
• Brief for the Board of Education of the City of Chicago, the Institute of Medicine of Chicago, Wayman African Methodist Episcopal Church of Chicago, the Illinois Council Against Handgun Violence, Legal Community Against Violence, Violence Policy Center, States United to Prevent Gun Violence, Freedom States Alliance, Connecticut Against Gun Violence, Maine Citizens Against Gun Violence, Citizens for a Safer Minnesota, Ohio Coalition Against Gun Violence, Wisconsin Anti-Violence Effort Educational Fund, and Gunfreekids.Org
• Brief of Law Professor and Students
• Brief for Historians and Legal Scholars
• Brief for English/Early American Historians
• Brief for Historians on Early American Legal, Constitutional and Pennsylvania History
• Brief for Organizations Committed to Protecting the Pubic's Health, Safety, and Well-Being
• Brief for the States of Illinois, Maryland, and New Jersey
• Brief for the United States Conference of Mayors
• Brief for Representatives Carolyn McCarthy, Mike Quigley, and 53 Other Congress Members of the United States Congress
• Brief for the Oak Park Citizens Committee for Handgun Control

In Support of Neither Party

• Brief for the Brady Center to Prevent Gun Violence, the International Association of Chiefs of Police, the International Brotherhood of Police Officers, and the National Black Police Association in Support of Neither Party
• Brief for the NAACP Legal Defense and Educational Fund, Inc. in Support of Neither Party

Certiorari-Stage Briefs

• Opinion below (7^th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Brief amicus curiae of Arms Keepers
• Brief amici curiae of Texas, et al
• Brief amicus curiae of National Shooting Sports Foundation, Inc.
• Brief amicus curiae of American Civil Rights Union
• Brief amici curiae of Institute for Justice, and Cato Institute
• Brief amicus curiae of California
• Brief amici curiae of Gun Owners of America, Inc.,et al.
• Brief amici curiae of Constitutional Law Professors

Links and Further Information

Media Links

• New York Times: Justices Will Weigh Challenge to Gun Laws (Sep. 30, 2009)
• Los Angeles Times: Supreme Court Takes Gun Case that Will Test Reach of 2nd Amendment (Oct. 1, 2009)
• Wall Street Journal: High Court Agrees to Hear Gun Rights Case (Oct. 1, 2009)
• Washington Post: Justices to Decide if State Gun Laws Violate Rights (Oct. 1, 2009)
• Los Angeles Times: A Supreme Court Gunfight (Oct. 6, 2009)
• UPI: U.S. Supreme Court: Gun Control on Culture War's Front Burner (Oct. 18, 2009)
• Washington Times: A Gun Case or Pandora's Box? (Dec. 11, 2009)
• Chicago Tribune: The Public Face of Gun Rights (Jan. 30, 2010)
• Washington Post: NRA, Onetime Ally Feud Over Next Big Guns Case to Go Before Supreme Court (Feb. 8, 2010)

From the Blogosphere

• American Constitution Society Blog: High Court to Review Chicago Gun Ban (Sep. 30, 2009)
• Sentencing Law and Policy: What is the Best Argument that Heller Should Only Impact the Feds? Will it Get Any Votes? (Sep. 30, 2009)
• National Law Journal: Supreme Court Adds 12 Cases to Docket, Including a Second Amendment Sequel (Oct. 1, 2009)
• PrawfsBlawg: Distinguishing Article IV "Privileges and Immunities" from Section One "Privileges or Immunities" (Oct. 1, 2009)
• Huffington Post: The Gun Issue Is Back in the Supreme Court: What Does it Mean? (Oct. 5, 2009)
• FindLaw: Does the Second Amendment Bind the States? (Oct. 6, 2009)
• SCOTUSblog: History Lesson on 2nd Amendment's Reach (Nov. 16, 2009)
• CBS Taking Liberties Blog: Second Amendment Protects All Americans, Supreme Court Told (Nov. 17, 2009)
• The Volokh Conspiracy: NRA Brief in McDonald v. Chicago (Nov. 17, 2009)
• The Volokh Conspiracy: How Many Votes to Overrule the Slaughterhouse Cases? (Nov. 17, 2009)
• The Volokh Conspiracy: How I'd Approach the Privileges or Immunities Issue in McDonald (Nov. 18, 2009)
• The Volokh Conspiracy: Predicting McDonald (Nov. 18, 2009)
• Sentencing Law and Policy: Should Criminal Justice Reform Groups Actively Urge SCOTUS to Overrule the Slaughterhouse Cases? (Nov. 18, 2009)
• WSJ Law Blog: Will Gun-Control Prompt a Constitutional Reawakening? (Nov. 19, 2009)
• Balkinization: The Privileges or Immunities Clause and the Constitutional Rights of Aliens (Nov. 24, 2009)
• SCOTUSblog: Amici Filings in 2d Amendment Case (Nov. 24, 2009)
• Sentencing Law and Policy: Seeking Help Working Through the Second Amendment Amicus Briefs Filed in McDonald (Nov. 24, 2009)
• The Volokh Conspiracy: Originalism and the Sixth Amendment Right "To Have the Assistance of Counsel" (Nov. 24, 2009)
• The Volokh Conspiracy: Does the Cert. Grant in McDonald Suggest the Court Would Rethink Slaughterhouse? (Dec. 6, 2009)
• The Volokh Conspiracy: Privileges or Immunities Extravaganza (Dec. 21, 2009)
• The BLT: NRA Will Argue in Second Amendment Case (Jan. 25, 2010)
• The Volokh Conspiracy: NRA Gets Oral Argument Time in McDonald v. City of Chicago (Jan. 25, 2010)

Other Resources

• The Federalist Society: SCOTUScast Debate Featuring Clark Neily, Kurt T. Lash, and Nelson Lund