“At the end of the day, McDonald is likely to be a repeat of the Heller decision, incorporating the Second Amendment in a narrow 5-4 decision. However, the decision presents the thorny question of how far lawyers should go in advocating particular ideological views that may detrimental to their clients. The most clean-cut and powerful argument for incorporation of the Second Amendment is undoubtedly based on the decades of Supreme Court precedent incorporating various Bill of Rights protections under the Due Process Clause of the Fourteenth Amendment. However, application of the Privileges or Immunities Clause might result in a broader and more unrestricted right to bear arms. This is the tension at the heart of the McDonald case.” (03/02/10)