McDonald v. Chicago, Fourteenth Amendment Incorporation, and Judicial Role-Reversals

McDonald v. Chicago, which incorporated the Second Amendment right to arms, was the first Supreme Court ruling to address incorporation in many decades. It was an unusual ruling, in that the Court’s “conservative wing” took what had been traditionally the liberal approach, while its “liberal wing” suddenly became very conservative. Indeed, Justice Thomas staked out the most liberal position, while Justice Stevens staked out the most conservative one, and for good measure, Justice Scalia found that precedent can trump originalism.

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Eminent Domain, Mortgage Backed Securities, and the Limits of the Takings Clause

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Amicus Curiae Brief: Elane Photography, LLC v. Willock