Sure we won Heller and McDonald, but what have the black robes done for us lately? My latest GUNS Magazine "Rights Watch" column is online, and you can read it well before the issue hits the stands.SCOTUS has been ducking that issue for a long time, along with that most inconvenient of clauses, “shall not be infringed.” They bought some time with prior rulings that allowed for enough “reasonable restrictions” and “compelling state interests” to give a nod to individual rights while not overturning the status quo. But as for full-blown recognition for what Tench Coxe, a delegate for Pennsylvania to the Continental Congress, advocated, that’s something they just won’t cede, because those who have power rarely voluntarily share it. [More]
ReplyDeleteRegretably, Alan Gura gave away the store in his opening argument in Heller.
His opening statement conceded HUGE swaths of "acceptable" regulations and likely laid the groundwork as dicta for the Heller case to have ultimately voided "shall not be infringed"
In my opinion, Heller was a win that is ultimately a HUGE LOSS.
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