December 04, 2008
NRA v. Chicago - No Incorporation from the District Court
The district court judge in NRA v. Chicagoruled today that the District Court was bound by the circuit precedent of Presser v. Illinois on the matter of incorporating the Second Amendment against the states.
That was not totally unexpected from this judge but likely wrong as a matter of law. On to the Appeals court with a strong potential that we may have a circuit split between the 9th Circuit and the 7th Circuit very quickly which tends to favor Supreme Court review.
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