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The Supreme Court of the United States has concluded its term, deciding the four remaining cases.

On McDonald v. Chicago, the Court has decided that the 2nd Amendment to the Constitution is, indeed, incorporated. That means that the power of state and local governments to limit it by statute, ordinance, or regulation is greatly circumscribed

On Christian Legal Society v. Martinez, the Court has affirmed the ability of public colleges to limit access to student organizations.

On Bilski v. Kappos!, the Court has decided that the “machine or transformation“ test is insufficient to grant a patent. This limits the execrable business method patents although it does not eliminate them altogether.

On Free Enterprise Fund v. PCAOB, the Court has struck down a provision of Sarbanes-Oxley, namely the limitations on the power to remove the members of the board on separation of powers grounds. I wish they’d struck down the whole thing.

I’m generally pretty gratified with these results although in the last two cases I wish the Court had gone farther.

3 comments… add one
  • PD Shaw Link

    I’m somewhat ambivalent about the McDonald case. I have a sneaking suspicion that if Chicago can’t have the stringent laws it wants, there will be more pressure for gun control at the state level.

    And I also wonder if in a couple of decades of court decisions upholding most gun control laws, whether the outcome will be more gun control legislation, legitimized by court decisions. Scalia appeared to have gone out of his way in the previous Heller decision to point out legitimate gun control restrictions during the Founding period.

  • Rich Horton Link

    The CLS v. Martinez decision is a disaster for the First Amendment, and basically guts the right to associate freely in the name of political correctness.

    It is a terrible day for America.

  • Maxwell James Link

    The CLS v. Martinez decision is a disaster for the First Amendment, and basically guts the right to associate freely in the name of political correctness.

    Oh, nonsense. They have the right to form their group and exclude whomever they want – they just don’t have the right to receive public funding for doing so. The first amendment does not guarantee the right to funded by government.

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