This should be interesting...
http://www.scotusblog.com/wp/sotomayor-2d-am-case-now-at-court/Friday, June 26th, 2009 6:46 pm | Lyle Denniston | Print This Post
A Port Washington, N.Y., lawyer and martial arts enthusiast asked the Supreme Court on Friday to use his case to expand the coverage of the Second Amendment’s “right to keep and bear arms” so that it applies to restrict or bar state and local laws, as well as those at the federal level.
James M. Maloney’s petition in Maloney v. Rice is the third case on that point to reach the Court in recent weeks. This one, however, seeks to challenge a ruling that has gained a special prominence because one of the judges on the Second Circuit Court panel deciding against Maloney’s claim was Circuit Judge Sonia Sotomayor, President Obama’s choice for a soon-to-be-open Supreme Court vacancy.
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The first question asks simply whether the Second Amendment’s guarantee of an individual right (as recognized by the Supreme Court last year in Distict of Columbia v. Heller) applies to the states through the Fourteenth Amendment. The second question asks whether the individual right qualifies as “a privilege of immunity” of individuals, and thus applies to the states through the Fourteenth Amendment’s Privilege and Immunities Clause.Could be a real litmus test for incorporation altogether...
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