N.R.A. v. Chicago

2009

Venue: 7th Cir.
Facts: Chicago and Oak Park ban most handguns.
Posture: After Heller, NRA sues. DC is federal, of course, and Chicago is part of a state.
Issue: Several:
  1. Does the Privileges and Immunities clause apply the Bill of Rights en bloc to the states?
  2. If not, should 2A just be incorporated against the states?
  3. Should we follow prior precedent anyway, even if the reasoning is obsolete?
Holding: Not saying, not saying, yes.
Rule: We must not usurp SCOTUS's role as decider of incorporation issues.
Reasoning: Rodriguez v. Shearson: only SCOTUS can overrule its precedent.

So far, we've only got precedent about 2A applying to the federal government, and we've got precedent saying that 2A might not apply to the states. So we've got to follow that, even though Heller makes it look as though the mood of the court is shifting.
Dicta: