Dartblog

As Dartblog’s resident gun correspondent, the protestations of Jenn, a nationally ranked shooter notwithstanding, I thought I would post an update on the case of DC v Heller. Brought to my attention at the Volokh Conspiracy, a very good piece by Mike O’Shea at Concurring Opinions. Among the issues embedded in this case is to what extent gun rights will be defined as individual, whether or not this right will be considered “fundamental” and thus demanding of a higher legislative burden of proof for its necessity, and, of course, whether the plaintiff is afforded the right to secure the means for his protection, that is, whether or not the law is struck down.

I posted a few musings on the case writing about the case some weeks ago, and I would like to update them here. My thoughts are that the opinion will be a rather commanding one, both in terms of substance and split. I would not be surprised if the case was remanded but I do think that there will be a strong declaration of individual and fundamental gun rights. Further I would bet that Thomas, Scalia, Roberts, and Alito, or more precisely the latter two, would pick up the votes not only of Kennedy but also possibly Souter and/or Ginsberg, making the holding strong also in number.

The opinions are expected to come down any time in the next week or so, stay tuned for another update.

JOE adds: More judicial activism, here.