EMPHASIZING FEDERALISM VALUES and adherence to Supreme Court precedent, a unanimous 7th Circuit panel, consisting of Easterbrook, Bauer, and Posner, adhering to Supreme Court precedent, says that the 2d Amendment is not incorporated in the 14th Amendment and thus does not apply to the states. It remains to be seen what the post-Heller Supreme Court will say, but — as I say in the linked post — the panel makes a clear and elegant argument for decentralized decision-making about the scope of the right to self-defense. ALSO AT THAT LINK: “Ah, the gods of Supreme Court confirmation are smiling on Sonia Sotomayor. Now, I will place my bet that the white firefighters will lose Ricci v. DeStefano.”
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