Petitioner’s Brief in McDonald v. City of Chicago (The Second Amendment Incorporation Case)

Today the Petitioners in McDonald v. City of Chicago, the case on whether the Second Amendment applies to the states, filed their merits brief.   You can read it here.  It’s a truly remarkable brief.  It devotes 55 pages to arguing that the Supreme Court should overturn The Slaughterhouse Cases (1873) and embark on a new era of a newly rejuvenated Privileges or Immunities Clause.  It then gives a mere seven pages, at the very end of the brief, to applying existing doctrine and arguing that the Second Amendment is incorporated and applies to the states under the Due Process clause.   It’s certainly an attention-getting way to brief the case. It’s not just arguing for a win: It’s arguing for a revolution.

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