Comments on: Progressive Originalism http://law.marquette.edu/facultyblog/2009/03/15/4216/ Sat, 11 Feb 2012 21:08:33 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Mike Zimmer http://law.marquette.edu/facultyblog/2009/03/15/4216/comment-page-1/#comment-13117 Mike Zimmer Mon, 16 Mar 2009 02:39:17 +0000 http://law.marquette.edu/facultyblog/?p=4216#comment-13117 If I am not mistaken, the Center has filed a brief in the case pending in the Seventh Circuit challenging the Oak Park, IL, ordinance banning handguns. The issue is the incorporation of the Second Amendment to become applicable to the states, a point not addressed in last Term's Heller decision. The brief argues that the Privilege or Immunities Clause is a better basis than the Due Process Clause. While gun rights are not typically a progressive issue, the expansion of individual rights is. If I am not mistaken, the Center has filed a brief in the case pending in the Seventh Circuit challenging the Oak Park, IL, ordinance banning handguns. The issue is the incorporation of the Second Amendment to become applicable to the states, a point not addressed in last Term’s Heller decision. The brief argues that the Privilege or Immunities Clause is a better basis than the Due Process Clause.

While gun rights are not typically a progressive issue, the expansion of individual rights is.

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