Wednesday, September 30, 2009

Nina Totenberg’s report re McDonald v. Chicago today

I’ll spare readers my usual quibbles with Nina. What I’m particularly pleased about, in this afternoon’s report, is the phone interview with chief conspirator Prof Eugene Volokh of UCLA Law School. He was a nice counterpoint to the fellow from Brady, Paul Helmke.

Note the DC = federal enclave connection. That must have caused some tooth-grinding at the Wilson Building (and with the DC voting rights crowd). DC tried playing on both sides of that fence in 2008, between the proposed voting rights legislation and their claim in District of Columbia v. Heller.

Note also the subtle suggestion that Circuit Court Judge Easterbrook (a Reagan appointee) sided with Chicago; I read his decision in McDonald as being consistent with District of Columbia v. Heller, in that 2A incorporation has not been decided [yet] by the U.S. Supreme Court. We’ll know by June 2010 where this issue stands.

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