Most Law and Liberty readers are probably familiar with Otis McDonald, lead plaintiff in the landmark case of McDonald v. Chicago. After D.C. v. Heller (2008), the McDonald case affirmed in 2010 that the right to arms must be respected by state governments. McDonald rested on the idea of substantive due process, though many hoped the Supreme Court would use it to revive the Fourteenth Amendment’s privileges or immunities clause, which was gutted by the Slaughterhouse Cases in 1873.
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