The Circuit Court decision was written by Judge Frank Easterbrook and joined by Judges Richard Posner and William Bauer. Easterbrook's reasoning is fascinating. According to him, the Revolution was fought and independence won so that the Founding Fathers could write a Constitution with a Bill of Rights that applied only to the District of Columbia.That's ridiculous, of course, and the judge's reasoning is likewise ridiculous. No matter how meticulously he researches the question, no matter how diligently he crafts the decision, the idea that a basic right is not incorporated against the states is ridiculous on its face. In his decision, we might just as well say that a locale can ban free speech as part of a national experiment. The reasoning is ludicrous.
It's been appealed, and Easterbrook deserves a monumental smackdown. If that is what passes for reasoned thinking in Chicago, then the citizens should break out the tar and the feathers.
Hat tip to Jeff, at Alphecca