Interesting comment from Volokh Conspiracy:
UPDATE: Michael Lotus offers praise for Alan Gura: �The P&I argument in McDonald was a stroke of genius. It made incorporating 2nd Amendment rights via Due Process � something that just a few years ago would have seemed fanciful � look like the sensible, cautious, middle-of-the-road approach.�
Privileges and Immunities vs Due Process:
The 14th Amendment provides two possible paths for making the states obey the Bill of Rights. One is via the Privileges and Immunities Clause, and the other is by the Due Process Clause. Back in the 1800's, the Supreme Court pretty much gutted the Privileges and Immunities Clause. Many liberals were very hopeful that the Chicago case would cause the Supreme Court to overturn the old cases and perhaps spawn a whole new assortment of rights that the states had to respect. If they had done that, it would have really stirred things up. The Supreme Court is VERY unwilling to make bold moves. So they will grant incorporation (make the states obey 2A) via the traditional route, the Due Process Clause.
The final decision won't be out for several weeks, but it is apparent that it will overturn Chicago's gun law and make 2A binding upon the states.
