SCOTUS to Hear Chicago Gun Ban Case

Maybe now we’ll finally get to find out where the high court’s newest justice, Sonia Sotomayor, really stands when it comes to whether the Second Amendment guarantees individual citizens a “right to bear arms.”

That was a contentious issue at her confirmation hearings, with Republican gun enthusiasts warning that she doesn’t support gun ownership as a “fundamental right.” Democrats — and Sotomayor — argued that she’d never had the opportunity to rule on the issue. In one case, she’d held that the Second Amendment did not forbid states from regulating gun possession, but she’d ruled based on her reading of what Supreme Court precedent required, she said.

Today, the court announced it would take a new gun case, McDonald v. Chicago, that will directly address the issue that’s so far been left undecided: whether the Second Amendment provides a “fundamental right” that states must respect.

The Chicago law at issue in this case bans virtually all handguns. A previous ruling from the Supreme Court, Heller v. District of Columbia, struck down a similar ban but applied only to the federal government’s authority to regulate handguns.