ACSBlog: The Blog of the American Constitution Society

The U.S. Supreme Court issued orders in three cases today.

The first case, District of Columbia v. Heller, raises the question of whether the Second Amendment encompasses the private right to own a firearm. The question presented, according to SCOTUSblog, is "Whether the following provisions — D.C. Code secs. 7-2502.02(a)(4), 22-4504(a), and 7-2507.02 — violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes?”

The second case, U.S. Chamber of Commerce v. Brown, pertains to the ability of unions to organize. The question surrounds the validity of a California law that prohibits employers from supporting or opposing unionizing efforts with money they receive from the state.

The Court also agreed to hear an election law case on the merits, while postponing the question of jurisdiction. In Riley v. Kennedy, Alabama Governor Bob Riley appointed a county commissioner instead of the usual practice of holding a special election to fill the vacant office. The governor did not obtain pre-clearance from the Justice Department to make the appointment, which was successfully challenged as a change in law requiring pre-approval under the Voting Rights Act. Part of the argument will focus on whether the case is properly before the Court.