McDonald v. City of Chicago
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-1521 | 7th Cir. | Mar 2, 2010 | Jun 28, 2010 | 5-4 | Alito | OT 2009 |
Holding: The Second Amendment right of individuals to keep and bear arms in self defense applies against state and local governments as well as the federal government.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Samuel Alito on June 28, 2010. Justice Scalia filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Stevens filed a dissenting opinion. Justice Breyer also filed a dissent, joined by Justices Ginsburg and Sotomayor.
SCOTUSblog Coverage
- Analysis: state gun regulations and McDonald (Matthew Scarola, June 29, 2010)
- Analysis: Gun rights go national (Lyle Denniston, June 28, 2010)
- Analysis: 2d Amendment extension likely (Lyle Denniston, March 2, 2010)
- Second Amendment drama: Act II (Lyle Denniston, February 25, 2010)
Briefs and Documents
Certiorari Stage
Merits Briefs
- Brief for Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
- Brief for Respondents City of Chicago and Village of Oak Park
- Brief for Respondents the National Rifle Association of America, Inc. et al., in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
- Reply Brief for Respondents The National Rifle Association of America, Inc., et al. in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
Amicus Briefs
In Support of Petitioners
- Brief for the Rutherford Institute in Support of Petitioners
- Brief of the Paragon Foundation, Inc., in Support of Petitioners
- Brief of the Heartland Institute in Support of Petitioners
- Brief of the Appellants from the Ninth Circuit Incorporation Case of Nordyke v. King, Madison Society, and Golden State Second Amendment Council in Support of Reversal
- Brief for Buckeye Firearms Foundation Inc., in Support of Petitioners
- Brief for State Legislators in Support of Petitioners
- Brief for Professors of Philosophy, Criminology, Law, and Other Fields in Support of Petitioners
- Brief for Senator Kay Bailey Hutchinson, Senator Jon Tester, Representative Mark Souder, Representative Mike Ross, and 56 Additional Members of the United States Senate and 249 Additional Members of the United States House of Representatives in Support of Petitioners
- Brief for the Foundation for Moral Law in Support of Petitioners
- Brief for the National Shooting Sports Foundation, Inc. in Support of Petitioners
- Brief for Jews for the Preservation of Firearms Ownership in Support of Petitioners
- Brief for Arms Keepers in Support of Petitioners
- Brief for Academics for the Second Amendment in Support of Petitioners
- Brief for the Center for Constitutional Jurisprudence in Support of Petitioners
- Brief of the American Center for Law and Justice in Support of Petitioners
- Brief for the Maryland Arms Collectors’ Association, Inc. in Support of Petitioners
- Brief for the Calguns Foundation, Inc. in Support of Petitioners
- Brief for Thirty-Four California District Attorneys; Eight Nevada District Attorneys; Graham County, Arizona, Former Sheriff Richard Mack; Mendocino County, California, Sheriff Thomas D. Allman; Tehama County, California, Sheriff Clay D. Parker; California Rifle and Pistol Association Foundation; Long Beach Police Officers Association; San Francisco Veterans Police Officers Association; Arizona Citizens Defense League; Texas Concealed Handgun Association; Virginia Citizens Defense League; and Bloomfield Press in Support of Petitioners
- Brief for the American Legislative Exchange Council in Support of Petitioners
- Brief for the Goldwater Institute Scharf-Norton Center for Constitutional Government and Wyoming Liberty Group in Support of Petitioners
- Brief for State Firearm Association in Support of Petitioners
- Brief for the Institute for Justice in Support of Petitioners
- Brief for the Safari Club International in Support of Petitioners
- Brief for Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., Maryland Shall Issue, Inc., DownsizeDC.org, Conservative Legal Defense and Education Fund, the Lincoln Institute for Research and Education, U.S. Border Control, and U.S. Border Control Foundation in Support of Petitioners
- Brief for Eagle Forum Education and Legal Defense in Support of Petitioners
- Brief for the International Law Enforcement Educators and Trainers Association (ILEETA), International Association of Law Enforcement Firearms Instructors (IALEFI), Southern States Police Benevolent Association, Texas Police Chiefs Association, Law Enforcement Alliance of America, Congress of Racial Equality, the Claremont Institute, Professors Carlisle E. Moody, Roy T. Wortman, Raymond Kessler, Gary Mauser, Dr. Sterling Burnett, and the Independent Institute in Support of Petitioners
- Brief for Women State Legislators and Academics in Support of Petitioners
- Brief for the States of Texas, Ohio, Arkansas, Georgia, Alabama, Alaska, Arizona, Colorado, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming in Support of Petitioners
- Brief for Rocky Mountain Gun Owners and National Association for Gun Rights in Support of Petitioners
- Brief for Constitutional Law Professors in Support of Petitioners
- Brief for the American Civil Rights Union, Let Freedom Ring, Committee for Justice, and the Family Research Council in Support of Petitioners
- Brief for the CATO Institute and Pacific Legal Foundation in Support of Petitioners
In Support of Respondents
- Brief for the Anti-Defamation League
- Brief for Professors of Criminal Justice
- Brief for 34 Professional Historians and Legal Historians
- Brief for the Educational Fund to Stop Gun Violence
- Brief for the Villages of Winnetka and Skokie, Illinois, the City of Evanston, Illinois, the Illinois Municipal League, and the International Municipal Lawyers Association
- Brief for American Cities, Cook County, Illinois, and Police Chiefs
- Brief for Association of Prosecuting Attorneys and District Attorneys
- Brief for the Board of Education of the City of Chicago, the Institute of Medicine of Chicago, Wayman African Methodist Episcopal Church of Chicago, the Illinois Council Against Handgun Violence, Legal Community Against Violence, Violence Policy Center, States United to Prevent Gun Violence, Freedom States Alliance, Connecticut Against Gun Violence, Maine Citizens Against Gun Violence, Citizens for a Safer Minnesota, Ohio Coalition Against Gun Violence, Wisconsin Anti-Violence Effort Educational Fund, and Gunfreekids.Org
- Brief of Law Professor and Students
- Brief for Historians and Legal Scholars
- Brief for English/Early American Historians
- Brief for Historians on Early American Legal, Constitutional and Pennsylvania History
- Brief for Organizations Committed to Protecting the Pubic’s Health, Safety, and Well-Being
- Brief for the States of Illinois, Maryland, and New Jersey
- Brief for the United States Conference of Mayors
- Brief for Representatives Carolyn McCarthy, Mike Quigley, and 53 Other Congress Members of the United States Congress
- Brief for the Oak Park Citizens Committee for Handgun Control
In Support of Neither Party
- Brief for the Brady Center to Prevent Gun Violence, the International Association of Chiefs of Police, the International Brotherhood of Police Officers, and the National Black Police Association in Support of Neither Party
- Brief for the NAACP Legal Defense and Educational Fund, Inc. in Support of Neither Party
Certiorari Stage
Merits Briefs
- Brief for Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
- Brief for Respondents City of Chicago and Village of Oak Park
- Brief for Respondents the National Rifle Association of America, Inc. et al., in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
- Reply Brief for Respondents The National Rifle Association of America, Inc., et al. in Support of Petitioners Otis McDonald, Adam Orlov, Colleen Lawson, David Lawson, the Second Amendment Foundation, Inc., and the Illinois State Rifle Association
Amicus Briefs
In Support of Petitioners
- Brief for the Rutherford Institute in Support of Petitioners
- Brief of the Paragon Foundation, Inc., in Support of Petitioners
- Brief of the Heartland Institute in Support of Petitioners
- Brief of the Appellants from the Ninth Circuit Incorporation Case of Nordyke v. King, Madison Society, and Golden State Second Amendment Council in Support of Reversal
- Brief for Buckeye Firearms Foundation Inc., in Support of Petitioners
- Brief for State Legislators in Support of Petitioners
- Brief for Professors of Philosophy, Criminology, Law, and Other Fields in Support of Petitioners
- Brief for Senator Kay Bailey Hutchinson, Senator Jon Tester, Representative Mark Souder, Representative Mike Ross, and 56 Additional Members of the United States Senate and 249 Additional Members of the United States House of Representatives in Support of Petitioners
- Brief for the Foundation for Moral Law in Support of Petitioners
- Brief for the National Shooting Sports Foundation, Inc. in Support of Petitioners
- Brief for Jews for the Preservation of Firearms Ownership in Support of Petitioners
- Brief for Arms Keepers in Support of Petitioners
- Brief for Academics for the Second Amendment in Support of Petitioners
- Brief for the Center for Constitutional Jurisprudence in Support of Petitioners
- Brief of the American Center for Law and Justice in Support of Petitioners
- Brief for the Maryland Arms Collectors’ Association, Inc. in Support of Petitioners
- Brief for the Calguns Foundation, Inc. in Support of Petitioners
- Brief for Thirty-Four California District Attorneys; Eight Nevada District Attorneys; Graham County, Arizona, Former Sheriff Richard Mack; Mendocino County, California, Sheriff Thomas D. Allman; Tehama County, California, Sheriff Clay D. Parker; California Rifle and Pistol Association Foundation; Long Beach Police Officers Association; San Francisco Veterans Police Officers Association; Arizona Citizens Defense League; Texas Concealed Handgun Association; Virginia Citizens Defense League; and Bloomfield Press in Support of Petitioners
- Brief for the American Legislative Exchange Council in Support of Petitioners
- Brief for the Goldwater Institute Scharf-Norton Center for Constitutional Government and Wyoming Liberty Group in Support of Petitioners
- Brief for State Firearm Association in Support of Petitioners
- Brief for the Institute for Justice in Support of Petitioners
- Brief for the Safari Club International in Support of Petitioners
- Brief for Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., Maryland Shall Issue, Inc., DownsizeDC.org, Conservative Legal Defense and Education Fund, the Lincoln Institute for Research and Education, U.S. Border Control, and U.S. Border Control Foundation in Support of Petitioners
- Brief for Eagle Forum Education and Legal Defense in Support of Petitioners
- Brief for the International Law Enforcement Educators and Trainers Association (ILEETA), International Association of Law Enforcement Firearms Instructors (IALEFI), Southern States Police Benevolent Association, Texas Police Chiefs Association, Law Enforcement Alliance of America, Congress of Racial Equality, the Claremont Institute, Professors Carlisle E. Moody, Roy T. Wortman, Raymond Kessler, Gary Mauser, Dr. Sterling Burnett, and the Independent Institute in Support of Petitioners
- Brief for Women State Legislators and Academics in Support of Petitioners
- Brief for the States of Texas, Ohio, Arkansas, Georgia, Alabama, Alaska, Arizona, Colorado, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming in Support of Petitioners
- Brief for Rocky Mountain Gun Owners and National Association for Gun Rights in Support of Petitioners
- Brief for Constitutional Law Professors in Support of Petitioners
- Brief for the American Civil Rights Union, Let Freedom Ring, Committee for Justice, and the Family Research Council in Support of Petitioners
- Brief for the CATO Institute and Pacific Legal Foundation in Support of Petitioners
In Support of Respondents
- Brief for the Anti-Defamation League
- Brief for Professors of Criminal Justice
- Brief for 34 Professional Historians and Legal Historians
- Brief for the Educational Fund to Stop Gun Violence
- Brief for the Villages of Winnetka and Skokie, Illinois, the City of Evanston, Illinois, the Illinois Municipal League, and the International Municipal Lawyers Association
- Brief for American Cities, Cook County, Illinois, and Police Chiefs
- Brief for Association of Prosecuting Attorneys and District Attorneys
- Brief for the Board of Education of the City of Chicago, the Institute of Medicine of Chicago, Wayman African Methodist Episcopal Church of Chicago, the Illinois Council Against Handgun Violence, Legal Community Against Violence, Violence Policy Center, States United to Prevent Gun Violence, Freedom States Alliance, Connecticut Against Gun Violence, Maine Citizens Against Gun Violence, Citizens for a Safer Minnesota, Ohio Coalition Against Gun Violence, Wisconsin Anti-Violence Effort Educational Fund, and Gunfreekids.Org
- Brief of Law Professor and Students
- Brief for Historians and Legal Scholars
- Brief for English/Early American Historians
- Brief for Historians on Early American Legal, Constitutional and Pennsylvania History
- Brief for Organizations Committed to Protecting the Pubic’s Health, Safety, and Well-Being
- Brief for the States of Illinois, Maryland, and New Jersey
- Brief for the United States Conference of Mayors
- Brief for Representatives Carolyn McCarthy, Mike Quigley, and 53 Other Congress Members of the United States Congress
- Brief for the Oak Park Citizens Committee for Handgun Control
In Support of Neither Party
- Brief for the Brady Center to Prevent Gun Violence, the International Association of Chiefs of Police, the International Brotherhood of Police Officers, and the National Black Police Association in Support of Neither Party
- Brief for the NAACP Legal Defense and Educational Fund, Inc. in Support of Neither Party