A Few More Points on McDonald

By Ilya Shapiro

I still haven’t finished reading the full 214-page opinion, but a few points to add to the statement I made yesterday:

Justice Alito’s plurality opinion, joined by the Chief Justice and Justices Scalia and Kennedy, is a tight 45-page discussion of the history of the right to keep and bear arms and how it relates to [...]

More on Property Rights (Plus Privileges, Immunities, Due Process)

By Ilya Shapiro

Yesterday I blogged about the Florida property rights case, which I now consider the best unanimous opinion against my position I could ever imagine.  Although the property owners lost, four justices stood for the idea that courts no less than legislatures or executive bodies are capable of violating the Takings Clause (Fifth Amendment), while two others endorsed [...]