Court Blog
9:30
Tom:
Good morning everyone.
Monday June 28, 2010 9:30 Tom
9:32
Tom:
Thank goodness Bilski will come out today. I'm out of bad patent jokes.
Monday June 28, 2010 9:32 Tom
9:33
Tom:
So after orders, guns should come first today -- from Justice Alito
Monday June 28, 2010 9:33 Tom
9:34
Monday June 28, 2010 9:34
9:35
Tom:
When Heller was decided, we had our biggest day ever, by far -- 300,000 hits. Americans care about gun rights.
Monday June 28, 2010 9:35 Tom
9:37
Erin:
To learn more about the four cases to be decided today, see their SCOTUSwiki pages, which are linked to their names at the top of this post.
Monday June 28, 2010 9:37 Erin
9:37
Tom:
i'm also surprised that there isn't more interest in the conservative and religious communities in Christian Legal Society.
Monday June 28, 2010 9:37 Tom
9:39
Tom:
Incorporation will be under the Due Process Clause.
Monday June 28, 2010 9:39 Tom
9:42
Tom:
Here is my best bet on how the cases will be dcided:
http://www.scotusblog.com/2010/06/the-final-four-decisions/
Monday June 28, 2010 9:42 Tom
9:43
Tom:
Welcome to folks coming from Drudge Report, which we really thank for the link.
Monday June 28, 2010 9:43 Tom
9:44
Tom:
The link should work -- it's just that our traffic is so high that it may have trouble loading.
Monday June 28, 2010 9:44 Tom
9:45
Monday June 28, 2010 9:45
9:46
Tom:
Just a reminder -- please do not refresh
Monday June 28, 2010 9:46 Tom
9:50
Tom:
Right now there are 3500 people watching the live blog, but that will be going up
Monday June 28, 2010 9:50 Tom
9:50
Tom:
Zero percent say no incorporation -- I love it.
Monday June 28, 2010 9:50 Tom
9:51
Tom:
We do not know if Justice Ginsburg will be on the bench, given the passing of her husband yesterday.
Monday June 28, 2010 9:51 Tom
9:55
Erin:
Believe it or not, we also expect orders this morning as well as the final four opinions. Our list of Petitions to Watch for this orders release is here.
Monday June 28, 2010 9:55 Erin
9:57
Tom:
3 minutes
Monday June 28, 2010 9:57 Tom
9:59
Tom:
Stay tuned; please don't refresh
Monday June 28, 2010 9:59 Tom
10:01
Tom:
My bet is roughly 25,000 people are watching the live blog.
Monday June 28, 2010 10:01 Tom
10:02
Erin:
The Chief Justice opened the public session with a tribute to Martin Ginsburg.
Monday June 28, 2010 10:02 Erin
10:03
Tom:
We believe Justice Ginsburg is on the bench.
Monday June 28, 2010 10:03 Tom
10:04
Erin:
The Court denies review of all seven tobacco petitions, including one by the U.S.
Monday June 28, 2010 10:04 Erin
10:04
Erin:
Alito announces McDonald v. Chicago: reversed and remanded
Monday June 28, 2010 10:04 Erin
10:04
Tom:
Gun rights prevail
Monday June 28, 2010 10:04 Tom
10:05
Erin:
The opinion concludes that the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self defense
Monday June 28, 2010 10:05 Erin
10:05
Tom:
5-4
Monday June 28, 2010 10:05 Tom
10:05
Erin:
Stevens dissents for himself. Breyer dissents, joined by Ginsburg and Sotomayor.
Monday June 28, 2010 10:05 Erin
10:05
Tom:
The majority seems divided, presumably on the precise standard
Monday June 28, 2010 10:05 Tom
10:06
Erin:
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.
Monday June 28, 2010 10:06 Erin
10:06
Erin:
Alito, in the part of the opinion joined by three Justices, concludes that the 2d Amendment is incorporated through the Due Process Clause.
Monday June 28, 2010 10:06 Erin
10:07
Erin:
Thomas thinks the Amendment is incorporated, but not under Due Process. He appears to base incorporation on Privileges or Immunities.
Monday June 28, 2010 10:07 Erin
10:07
Erin:
The Court has granted review of six cases.
Monday June 28, 2010 10:07 Erin
10:07
Erin:
Among them is the challenge to the AZ law regulating work for illegal immigrants: U.S. Chamber of Commerce v. Candelaria, 09-115
Monday June 28, 2010 10:07 Erin
10:08
Erin:
The Court asks for the views of the Solicitor General in 09-1159, Board of Trustees of Stanford University v. Roche
Monday June 28, 2010 10:08 Erin
10:08
Tom:
The difference between the majority and Justice Thomas doesn't affect the fact that the Second Amendment now applies to state and local reguation.
Monday June 28, 2010 10:08 Tom
10:08
Erin:
The McDonald opinion is here
Monday June 28, 2010 10:08 Erin
10:09
Erin:
The full orders list is here
Monday June 28, 2010 10:09 Erin
10:10
Erin:
It should be noted that, in the guns case, the Court says explicitly in Alito's opinion that it would not reconsider the Slaughterhouse cases, which almost completely deprive the Privileges or Immunities Clause of any constitutional meaning.
Monday June 28, 2010 10:10 Erin
10:11
Erin:
The opinion leaves the fate of the Chicago gun ordinance in the hands of the 7th Circuit on remand.
Monday June 28, 2010 10:11 Erin
10:11
Erin:
All nine members of the Court are on the bench, including, of course, Justice Ginsburg.
Monday June 28, 2010 10:11 Erin
10:12
Erin:
Just a reminder: please do not refresh
Monday June 28, 2010 10:12 Erin
10:16
Erin:
The scope of the Chicago gun ordinance in question in McDonald is very similar to that of the DC gun law struck down in DC v. Heller in 2008. Therefore its fate is probably already determined by applying Heller's reasoning to it.
Monday June 28, 2010 10:16 Erin
10:17
Erin:
We will post on the blog later today examining the impact of McDonald on existing types of gun control laws
Monday June 28, 2010 10:17 Erin
10:18
Erin:
Breyer is now reciting from his dissenting opinion in McDonald. We don't know yet whether Stevens will announce from his, because he is senior to Breyer and so would go after him.
Monday June 28, 2010 10:18 Erin
10:22
Erin:
We are also holding a "debate" on McDonald after today's live blog, with posts from scholars and lawyers analyzing the opinion. We will continue to post these throughout the day and into tomorrow, at least.
Monday June 28, 2010 10:22 Erin
10:22
Erin:
I just got the first submission.
Monday June 28, 2010 10:22 Erin
10:28
Erin:
Breyer is still reciting from his dissent.
Monday June 28, 2010 10:28 Erin
10:29
Erin:
For McDonald, there are 204 pages of opinions total, plus 4 pages of appendix for the Breyer opinion.