SCOTUS to Consider Hearing Chicago Handgun Ban Challenges
5:33 PM, Aug 26, 2009 • By C.J. CIARAMELLA
SCOTUSblog reports that the Supreme Court will consider hearing two cases challenging Chicago's handgun ban when it meets at its first Conference for the new term on Sept. 29.
At issue is whether the Second Amendment applies to state and local laws or only federal laws. After D.C.'s handgun ban was struck down by the Supreme Court, it seemed that Chicago's days were numbered, yet since D.C. is under federal control, cities and appellate courts wiggled around the ruling by claiming the Second Amendment didn't apply to states. From SCOTUSblog:
Newly appointed justice Sotomayor sat on a similar case back in her circuit court days (Maloney v. Cuomo) and ruled that the Second Amendment did not, in fact, apply to states.
If accepted, the outcome of the cases will be significant, perhaps more so than Heller, for if the Court affirms the lower court's ruling, it could render the Second Amendment impotent.