|
Rocky has it right... Scalia pushed it to the limit.
The more I study the opinion, the more I believe that Scalia has brilliantly anticipated the next few rounds of litigation and has dealt us aces.
By basing RKBA on the natural right to self-defense he has set up a winning round for us when someone wants to carry their firearms outside the home. It is impossible to defend the notion that your right to self-defense ends at your front gate.
The opinion soundly rejects the notion that the most liberal of levels of scrutiny is appropriate. He has done what he could do to move us toward strict scrutiny without actually visiting an issue that was not on the table.
He left us with a tension between two declarations: One, that 2A applies to all bearable arms, and another that disallows M16s and the like.
I'm more and more of the opinion that the AWB would be unconstitutional under just what we have won so far.
I am absolutely delighted that Fenty had taken the stand that registration of semi-auto handguns will not be allowed. He will get soundly clopped alongside the head with a 2x4 for that, and that issue will be crystal clear for ever after.
Morton Grove and Willmette have folded. I greatly hope that Daley fights. He's easy pickin's right now, and we need to get incorporation against the states.
A poster on another board called this the "Battle of Midway". I think that is very apt. We just crippled the enemy's ability to do effective battle. The end is no longer in doubt, but there is a tremendous amount of hard work yet to be done.
|