The Seventh Circuit this week ruled that the Second Amendment does not apply to states and municipalities, setting itself at odds with a ruling earlier this year by the 9th Circuit holding that the 14th Amendment incorporates the 2nd to the states, and guaranteeing a SCOTUS review in short order.
The ruling by the Chicago-based 7th practically begged for SCOTUS to settle the issue. They argued that their hands were tied by precedent, that they could not rule in contradiction of previous SCOTUS rulings, however old and obsolete they may be, that the recent Heller case applied only to Washington DC because it dealt with a federal jurisdiction, and that the Nordyke case decided by the 9th using “selective incorporation” may not be definitive when it comes to the specific types of guns that the states may allow (and that it is not applicable to the 7th Circuit as precedent.)
So the issue is now headed for SCOTUS, where the justices will have the opportunity to reverse some decisions made over a century ago that relied on obsolete reasoning and held that the 14th Amendment does not incorporate the 2nd Amendment to the states. The complicating factor here is that SCOTUS nominee Sotomayor is already on record that the 2nd Amendment does not apply to the states. Let’s hope the majority follow Nordyke and selectively incorporate the 2nd Amendment to the states once and for all.