SlaughterHouse’s illegitimacy has long been all but- universally understood. It deserves to be acknowledged by this Court. Because SlaughterHouse rests on language not actually in the Constitution, contradicts the Fourteenth Amendment’s original textual meaning, defies the Framers’ intent, and supplies a nonsensical definition for Section One’s key protection of civil rights, overruling this error and its progeny remains imperative. No valid reliance interests flow from the wrongful deprivation of constitutional liberties. The reliance interest to be fulfilled remains Americans’ expectation that the constitutional amendment their ancestors ratified to protect their rights from state infringement be given its full effect.
November 16, 2009
On Writ Of Certiorari To The United States Court Of Appeals For The Seventh Circuit
McDonald, et al. v. Chicago
PETITIONERS’ BRIEF, page 8
[In 1873 the SlaughterHouse cases gutted (pun intended) the 14th Amendment shortly after it was passed. This miscarriage of intent has been a thorn in the side of civil rights activists ever since. Hence, the McDonald case appeals to both conservatives and liberals for different reasons. Expect an overwhelming victory at the Supreme court for this reason.
The slaughter houses north of New Oreans were responsible for terrible pollution and disease and a solution was required. But the solution was inappropriate and should have been struck down. But just like some disgusting violent criminal who gets off because of an improperly worded search warrent or other technicality would be an outrage so it was with the Slaughterhouse case. The decision went the wrong way and, in essence, the 14th Amendment was nullified.
This sort of thing is why it is very important to have good “poster children” for the cases you take to the Supreme court. Alan Gura, The Second Amendment Foundation and company have put a lot of effort into finding the ideal “poster children” for this case. I’ve been promised an interview with one of the plaintiffs (they read this blog) and have been lazy in following up on that. I have all of next week off and plan to get it done sometime before I go back to work.–Joe]