June 26, 2008
Second Amendment victory
What a relief!
The Supreme Court has ruled that the Second Amendment says what it says:
WASHINGTON - The Supreme Court says Americans have a right to own guns for self-defense and hunting, the justices' first major pronouncement on gun rights in U.S. history.I haven't read it, so I don't know how true that last sentence is.
Volokh's server seems overwhelmed, but so far, Orin Kerr has this to say:
The opinion should be available shortly. In a case like this, the details of the opinion are critical; it will take a bit of time to read the decision to get a sense of what it means. SCOTUSblog is reporting that the vote was 5-4, with Scalia writing and the four liberal Justices dissenting.Glenn Reynolds is teaching a class, but remarks,
Did the Supreme Court get things right? We'll know soon enough! Er, well, you'll probably know a bit before I do, today. . . .I hope they got it right, but throwing the DC law out was at least a step in the right direction.
The Supreme Court blog has some selected quotes from the opinion, including this:
"Logic demands that there be a link between the stated purpose and the command."
MORE: Here's an interesting headline:
Supreme Court Decision Hits Bull's Eye Against Obama Anti-Gun Agenda, says John Snyder of Telum Associates, LL.C.
MORE: Real Clear Politics reports that John McCain is praising the decision:
"Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans," McCain said in a statement.Barack Obama, meanwhile, is remaining silent:
Obama's campaign has not yet released a statement on the opinion.I guess he can claim that he hasn't had time to read it for the next few months.
UPDATE: The text of the opinion in PDF is here.
While I don't think Ehrenstein's remark typifies liberal thinking, I nonetheless find myself wondering whether people who react to disagreements by wanting to shoot people might be likely to project their lack of self control onto others, and thus be very fearful of allowing anyone to own a gun.
At p. 15, they cite our paper! Yahoo!While I don't expect to read about it in most newspapers, the Supreme Court's relying on bloggers is big news in itself.
MORE: Orin Kerr comments on the narrow scope of the ruling, and its limitations:
My basic thought after reading Justice Scalia's majority opinion is that it is relatively narrow -- in the sense that it leaves a lot for another day. It recognizes the individual right (citing, by my count, 3 articles by Eugene and one by Randy, not that we academics count such things), but does not resolve the degrees of scrutiny, does not address incorporation, and indicates (without establishing) that traditional gun restriction laws are valid.The Volokh site is back, so keep going there for more.
MORE: Barack Obama now says that it the Second Amendment is an individual right, and that it has been his position all along.
posted by Eric on 06.26.08 at 10:42 AM
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