2 to 1 Against Incorporation of 2nd Amendment

The recent ruling by the Seventh US Circuit Court of Appeals which states that Chicago does not need to worry about the 2nd Amendment since the Heller ruling does not apply, joins with a ruling by a panel of the Second US Circuit Court of Appeals (of which Judge Sotomayer was a signee).

On the other side, we have a ruling by a panel of the Ninth US Circuit Court of Appeals which holds that the 2nd Amendment is incorporated under the 14th Amendment.

It would seem, then, in accordance with the way these matters usually work, that the US Supreme Court will be asked to step in at some point and determine if the 2nd Amendment does indeed apply to the states. The Seventh Circuit’s findings were particularly interesting because the court stated that we should recognize that:

Federalism is an older and more deeply rooted tradition than is a right to carry any particular kind of weapon.

This statement, on the surface, would appear rather difficult to support–particularly since federalism has been trampled on with such fervor by the courts again and again. One might also find issue with the term “tradition” since the court is supposed to be determining a point of law. Nonetheless, the sentence following this statement is telling:

How arguments of this kind will affect proposals to “incorporate” the second amendment are for the Justices rather than a court of appeals.

Or, in the words of another court, “set, set, spike.”