Tag Archive for 'gun control'

D.C. v. Heller Prediction

So tomorrow, the Supreme Court is expected to issue its findings in D.C. v. Heller, the first substantive review of Second Amendment rights in over 70 years. Legal nerds that we are, we’re more than a little curious as to what the Court is going to conclude. While the decision will no doubt be endlessly debated here over the next couples of days, I’m going to make a prediction right now.

They punt.

I figure the D.C. gun ban is toast. I’m also guessing that since the Supremes realize that the total elimination of any sort of gun regulation would be highly problematic, they are going to figure some weasel out of it. The decision will include some sort of grand pronouncement about the Second Amendment representing and individual right, and some sort of nebulous statement as to how that doesn’t preclude the state from regulating everything.  This (of course) will continue to be endlessly litigated. One important caveat. Scalia is expected to write the opinion, so who knows? He may mandate that every citizen car a broadsword.

Please note that if they do toss any regulation, we’ll be raffling off  the Official Fight the Hypo Stinger Missile starting Friday.

Why Is The Second Amendment Different Than The First?

Dr. Bombay is convinced that I’m going to walk in one day and, much to his delight, burn my Right Wing Conspiracy Membership Card in front of our Torts class. That’s not about to happen, but several beliefs of my conservative brethren do give me pause.

Since BigShow has joined in the fray here at Fight The Hypo and since the Supreme Court is in the middle of considering its first Second Amendment case in decades I thought I’d begin the painful process of revealing my drift from certain tenets of modern conservative orthodoxy (to the extent one can “confess” to something pseudonymously anyway).

Let me start with a gross generalization… why is it that the very people who support limits on First Amendment rights oppose limits on Second Amendment rights? It’s as if some say, “No, you can’t burn that flag, but here’s an AK-47 to protect yourself and, in the meantime, hunt some deer.”

Say what? Hopefully we’ll hear from our Second Amendment friends on this, but hear me out…

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