What may well be one of the most significant Supreme Court cases in our lifetime, D.C. v. Heller, will be argued tomorrow, and the blogosphere is buzzing with some excellent commentary about this Second Amendment case. Is the Second Amendment an individual right? And what are the permissible limits for state and local governments to regulate firearms ownership and possession if it is? That kind of examination, deferred since the 1930’s, has now opened up in what certainly is the best opportunity for Second Amendment advocates to prove their point.
Some of the best commentary on this for laymen is over at the Liberty Papers which walks readers through a pretty thorough look at the legal landscape. The Raising Kaine folks pass on giving an answer for the other side, but call the case “drummed up”. I guess they’re not very confident about a victory here. Scott’s Morning Brew comes down on the side of the Doug at the Liberty Papers, but cautions us Second Amendment advocates to not expect all of the ground-breaking precedent that we might be hoping for.
Tomorrow kicks off a huge day in the history of Constitutional Law. It should be a great thing to watch. My take is that we’re going to see a clear decision that firearms ownership is an individual right, but I agree with Scott that the level of restrictions that will be allowed will be a topic which will spawn a great number of additional cases, and no one will likely end up well pleased with the final outcome. The SCOTUS has a history of taking a maddeningly long time to finally get things right.
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