2nd Amendment Means Something Again
http://pacer.cadc.uscourt…03/04-7041a.pdf
After decades of being trampled upon, Judge Silberman of the DC Circuit (who I believe was up for Justice Kennedy’s seat once-upon-a-time) wrote a masterpiece of an opinion in which he presents point-for-point (go ahead and read it, even novices should be able to follow) why the right to bear arms is an individual right, and not a collective right as many other courts have stated over the past 70 years.
Just like that, the 2nd Amendment has become a prime legal question that may well be reviewed by the Supreme Court within the next year. The last time the court really looked into the meaning of the 2nd Amendment was in United States v. Miller back during the Roosevelt Administration in which the defense didn’t even show up (Miller had died). It is long past time for the Supreme Court to review the laws that govern gun ownership. Unless the court decides to rule on narrow grounds (such as the claim that the 2nd Amendment doesn’t apply because Washington DC isn’t a state) this will be the most important case on the 2nd Amendment ever.
As per usual, we need to examine this through the lens of the 2008 elections. The obvious first reaction is that this is bad news for Giuliani. Giuliani was stronly in favor of gun control as mayor of New York, going so far as to sue gun manufacturers late in his term.
Gov. Romney’s record on the 2nd Amendment isn’t perfect either, however Evangelicals for Mitt has a nice post detailing the full scope of Romney’s record on the issue while the NRA has never had a problem with him.
~~~Thomas
March 10th, 2007 at 11:39 am
Interesting note: The case was decided by a panel of 3 judges from the D.C. Circuit Court of Appeals. The case was decided 2-1.
The second vote in the majority was Judge Thomas Griffith - Former General Counsel and Assistant to the President at BYU.
A wonderful man, which I know through personal expirience.