Today in Supreme Court History: March 18, 2008

3/18/2008: District of Columbia v. Heller argued.

Comments

[PeteRR]

DC slapped down with relish
Dashed hopes courtesy of the Robert's court
Circuits romp with "strict" scrutiny

[Dan Schiavetta]

First half of the Second Amendment — erased.

[Kevin Smith]

More like second half restored, as it was finally acknowledged that the militia and the people are one and the same

[Dan Schiavetta]

It means the same with or without the first half. That's now our jurisprudence.

[Kazinski]

The purpose of the first clause of the 2nd amendment became somewhat obsolete after the 14th amendment was ratified.

Just as other clauses like 'Congress shall make no law' in the 1st were expanded to mean any level of government by the privillages and immunities clause, "A well regulated Militia, being necessary to the security of a free State" became unneeded because there was no need to assert a justification for a federal interest in ensuring "the right to keep and bear arms shall not be infringed". The first clause of the 2nd was merely a reference to the Militia clause about arming the militia to make it clear why the guarantee to keep and bear arms was not just a matter for the states.

[DaivdBehar]

65 million legal gun owners of 300 million guns. Insurance against the Democrat lawyer party.

[Syd Henderson]

I always thought this should have been a Ninth Amendment case. The right to self-defense surely falls under one of the unenumerated rights.

[Kazinski]

I thought Roe v Wade pretty much settled the proposition that if the Supreme Court says it's a right, then it's an unalienable right and no quibbling over little fragments of specific text was needed.

It's somewhat telling that the left is absolutely fine with establishing as a bedrock the right to abortion with no supporting clause, but willing to quibble forever that the right to keep and bear arms shall not be infringed, doesn't mean it can't be infringed.