Monday, June 23, 2008

No ruling for you today! You come back later!

Still waiting to hear from the Supremes on Heller.

It will be interesting to see how they write it to make it say "It's an individual right, but only not," leaving us, like the end of every good sitcom episode, right back at status quo ante.


Alan said...

Wouldn't you just love to be a fly on the wall during the "discussions" about Heller in the Supreme Court?

IANAL, or a judge, but they're kinda between a rock and a hard place on this one.

On one hand if they find an individual right and overturn the DC gun ban, it will unleash a huge wave of lawsuits from everyone and their brother trying to get rid of every gun control law on the books.

On the gripping hand, if they DON'T find an individual right they'll have to explain how they can find a right to things not even mentioned in the Constitution, but can't manage the feat when it's specifically stated, thus unleashing a wave of an entirely different sort.

theirritablearchitect said...


You said it perfectly, sister.

The only other part to add is that then, both the NRA and VPC will jump up and down, declaring victory.

Anonymous said...

Well, obviously it's an individual right. But equally obviously, it isn't. Because if we accept some far right, out of the mainstream interpretation of "the people" to mean other than "the duly elected government, unaccountable bureaucracy, and judiciary," then the Terrorists Will Have Won.

Seriously, the idea that somebody could own a firearm without being employed by Janet Reno, and without approval from the UN, is just too frightening.

Rob K said...

I think it'll be the last one they announce, probably on Thursday. They're probably holding it so all the other cases get some attention before Heller grabs it all.

Anonymous said...

Interesting, you said. Kinda like a cancer diagnosis I'd guess.


Johnny said...

They'll come up with something that puts the 2A in some kind of legal purgatory where it only exists on paper - which is, after all, where it is now. What is going to be interesting is how they do it because they'll have developed a mechanism for suspending any bits of the Constitution they don't like.

Anonymous said...

We shall see. Rumor central has it that Scalia is writing the majority opinion on Heller, take that for what you will.


Mulliga said...

Even with a victory this week, I worry about the future. Specifically, I hope that any subsequent Obama-packed SCOTUS doesn't decide to reverse.

Isaac Coverstone said...

Go to this address, you'll get a word-for-word transcript of the oral arguments. A little dry, but fascinating reading.

Anonymous said...

You can assume that this decision won't see the light of day until all 9 are out of town and safely in their bunkers.

You can also assume that the most junior person in the building is going to be the one left handling this particular hot potato.

I think we're going to see some very convoluted thinking on this decision.

And I'm thinkin' a fly on the wall would have heard DC Mayor Fenty catch plenty of abuse in absentia for not quitting when he was behind. (Couldn't leave well enough alone, losing at the district level, he HAD to push it all the way.)

Gay_Cynic said...

I'm hoping for a full-bore individual right ruling right up till the last moment, followed by that avalanche of federal lawsuits raining down about the head and shoulders of the moral midgets, cowards, and elitists driving the gun control movement.

And I agree...I'm betting the Justices will likely be bunkered up someplace when the decision rolls down (whatever it is), but it would give me some small joy were Scalia to, from the front steps of the Supreme Court, read the majority opinion with the full sarcastic and well-executed commentary of which he is capable.

Of course, I'd like to win the lottery, too

Anonymous said...

My guess is that they wimp out and only address the specific question. "Yes it's an individual right, and a total handgun ban is unconstitutional." No more than that, which gives us a lot but also leaves a lot of room for all the gun laws out there. Fail to address those, and... what? We're mostly right back where we started from, except Mr. Heller might be able to buy a J-frame some day, once the results trickle down through the beaurocracy.

At least the "collective rights" argument will get a stake through the heart. The Man is too frightened of the massess to give away all that hard-won control, so don't expect much.