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ABA Journal Prints Post-Heller Article

The American Bar Association has been pretty anti-gun in its past.  It’s nice to see them eating some crow post-Heller.  Even nicer seeing they are publishing articles about the legal battle that’s happening as a consequence of the ruling, and giving Steve Halbrook some well deserved coverage.

One Response to “ABA Journal Prints Post-Heller Article”

  1. Carl in Chicago says:

    Here is the comment I left on the ABA site:
    ___

    I differ somewhat in my interpretation of Chicago’s brief. Gibeaut opines that Chicago “urged” the court to consider the incorporation question. But from my reading of Illinois’ anti-gun rights brief, and the Chicago anti-incorporation brief, I am inclined to think that Chicago “hoped like hell” the court would not take up incorporation. Indeed, their brief was a bet-hedge, just in case the court went there.

    But I think that history will find Chicago’s position to be deficient. In fact, history proves Chicago’s position deficient. From their brief “…Chicago urges it to respect these settled non-incorporation precedents. The precedents are right—they are supported by text, by historical context, and by more than 200 years of state and local practice.”

    From reading this, one might think that Chicago is wholly unaware of reconstruction and the civil rights victories post Civil War … the 13th and 14th amendments, Freedmens’ Bureau Act, Civil Rights Act, etc. Chicago would turn these victories on their heads.

    Simply put, the post-war southern Democrats continued to infringe the civil rights (including the right to arms) of freed slaves. Can people be free if their rights are infringed? The answer was no. The 14th amendment was to end those infringements by the states. Interestingly, this whole incorporation issue has its roots in restoring the rights of previously and grievously enslaved African Americans. Ironic that now, “Democratic” cities like Chicago and DC (with large populations of African Americans) are leading the charge to deny those African Americans (and everyone else) one of those same fundamental rights that was protected and considered fundamental so long ago.

    The time is ripe for incorporation. It’s a no-brainer when judges have the history in front of them. And they will. Long live freedom.

    More court briefs relevant to incorporation (from a 9th circuit case) http://www.hoffmang.com/archives/000959.html

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