SCOTUSblog » The paradox of McDonald v. City of Chicago.

One recurring debate among scholars studying the paradox is whether the paradox justifies a change on the Court from outcome-based voting (as described above) to some form of issue-based voting. I have weighed in on this and argued that the paradox can be easily manipulated by judges and lawyers even in an issue-based voting system, but the debate is sure to be reinvigorated after McDonald. After all, in an issue-based voting world, Monday’s headlines would have declared that Chicago won and the Second Amendment is applicable only to the federal government.