McDonald v. Chicago - WE WIN! 5-4
Click here for the entire 214 page Opinion of the Supreme Court
For us:
CHIEF JUSTICE ROBERTS
JUSTICE ALITO
JUSTICE KENNEDY
JUSTICE SCALIA
JUSTICE THOMAS
Against us:
JUSTICE STEVENS
JUSTICE BREYER
JUSTICE GINSBURG
JUSTICE SOTOMAYOR
JUSTICE ALITO announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A, II–B, II–D, III–A, and III–B, in which THE CHIEF JUSTICE, JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS join, and an opinion with respect to Parts II–C, IV, and V, in which THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY join.
We have previously held that most of the provisions of the Bill of Rights apply with full force to both the Federal Government and the States. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States.
In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S. , at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of Court of Appeals is reversed, and the case is remanded for further proceedings.
It is so ordered!
|
Connecticut Citizens Defense League, Inc. 
About 
