Counsel for the City of Chicago have responded [pdf] to the McDonald/NRA petitions to have their case heard before the Supreme Court next term. If you’re just tuning in, jump in here.
First off, it’s a mess. Seriously, as I parsed through this and took notes, I felt like I was grading a grammar-school book report rather than a legal argument.
They pounce very quickly on the fact that Nordyke is being reheard and that, in the meantime, it is not precedent. Therefore, there is no split among the Circuit courts. That removes one of our arguments for petitioning for cert.
Of course, that situation may change in the near future.
They seem to be trying their best to preclude incorporation under Privileges or Immunities clause. Their strategy seems to be to force the issue to be decided by the Due Process clause.
Why? Because they’re trying to prove that keeping and bearing arms is not a “natural” right, and therefore not subject to incorporation, I guess. Continued...