Does the Fourteenth Amendment Protect Unenumerated Rights?


ALAN GURA

Mr. Gura, an expert on Second Amendment issues, has argued and won two major Second Amendment precedents before the Supreme Court, District of Columbia v. Heller (2008), and McDonald v. City of Chicago (2010). In his arguments for the plaintiff in McDonald, Mr. Gura argued that the Privileges or Immunities Clause incorporated the Second Amendment, and also protected all fundamental natural rights, whether enumerated in the Constitution or not. The Supreme Court chose to rely upon traditional substantive due process analysis in deciding the Second Amendment should be treated as a fundamental liberty.

The Privileges and Immunities clause of the 14th Amendment has a checkered past, beginning with Corfield v. Coryell and the Slaughterhouse Cases, circa 1823-1873. Many constitutional scholars view with skepticism theories put forth regarding unenumerated rights protected by the Fourteenth Amendment. Supreme Court Justice Clarence Thomas has written that "the demise of the Privileges or Immunities Clause has contributed in no small part to the current disarray of our 14th Amendment jurisprudence." To clarify things, "I would be open to re-evaluating its meaning in an appropriate case."

Alan Gura is a constitutional lawyer focusing on civil rights cases and adjunct professor of law at Georgetown University. Prior to private practice, he was counsel to the Senate Judiciary Committee and a California deputy attorney general. Mr. Gura began his career clerking for U.S. District Judge Terrence Boyle in the Eastern District of North Carolina, and earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). National Law Journal named him among the 100 Most Influential Lawyers in America and he has been a frequent contributor in the national media on Second Amendment and other constitutional issues.

When: Wednesday, February 22, 2017, 11:30 a.m. (registration), 12:00 pm (lunch)

Where: First Floor Conference Room, 2040 Main Street, Irvine, CA 92614. Parking in the structure; please bring your parking ticket for validation.

Cost: $30 member/ $35 nonmember/ $20 students/judges for lunch and 1 hour of MCLE credit. (The Federalist Society is a California State Bar approved provider of MCLE).

RSVP and Pay: To RSVP and pay by credit card, click on the “Pay Now” button at the top right. To pay by credit card, cash, or check at the door, please send an RSVP to Carol Matheis by email at OCFederalist@cox.net by no later than COB February 21, 2017. Please make checks payable to "The Federalist Society."

The Orange County Lawyers' Chapter of the Federalist Society welcomes all interested parties to our events, including non-lawyer members of the public.

What American Law Professors Forgot (and Trump Knew)

Stephen B. Presser

We are pleased to announce that Stephen B. Presser, Raoul Berger Professor of Legal History Emeritus at Northwestern University School of Law, and Professor of Strategy at the Kellogg School of Management, Northwestern University, will join us to discuss his recently published book, “Law Professors: Three Centuries of Shaping American Law,” in which he argues that much of what is wrong with American law, politics and even culture is the fault of the legal academy.  He will explain how his colleagues have both furthered and frustrated the American ideal that ours is a government of laws not men (or women), and has often, to our detriment as a nation, strayed from the notion of promoting justice for all.

Prof. Presser, who has been a law and business management professor at Northwestern University School of Law for over four decades, is a widely published author of scholarly texts and legal journalism, including legal history, business law and corporation law textbooks.  One of the texts is “The American Constitutional Order: Introduction to the History and Nature of American Constitutional Law,” co-written with Douglas W. Kmiec, John Eastman and Raymond Marcin.  Opinion pieces by Prof. Presser have appeared in publications such as the Chicago Tribune and The American Spectator. In his esteemed career, he has accumulated many academic honors, including but certainly not limited to, a John Adams Fellowship at the Institute of United States Studies in London, and as a Fulbright Senior Scholar at University College, London.  He has testified before the Senate Judiciary Committee as an expert on, among other things, the judicial nomination process.  Prof. Presser earned both his A.B. and J.D. from Harvard University and was a law clerk for the U.S. Court of Appeals for the District of Columbia Circuit.  

When: Wednesday, January 11, 2017, 11:30 a.m. (registration), 12:00 pm (lunch)

Where Oliver's at the Equinox Sports Club Irvine, 1980 Main Street, Irvine, CA 92614.  Telephone (949) 975-8400. 

Parking in the structure. BRING YOUR TICKET FOR VALIDATION AT THE FRONT DESK.

Cost: $30 member/ $35 nonmember/ $20 students/judges for lunch and 1 hour of MCLE credit. (The Federalist Society is a California State Bar approved provider of MCLE).

RSVP and Pay: To RSVP and pay by credit card, click the Buy Now button on the right. To pay by credit card, cash, or check at the door, please send an RSVP to Carol Matheis, at OCFederalist@cox.net by no later than COB January 10th, and make checks payable to "The Federalist Society."  

We welcome members, nonmembers, attorneys and non-attorneys to our events.