Chief Justice Roberts has announced tomorrow will be the last day of the Supreme Court term. And it’s gonna be a doozy:
In eagerly awaited rulings, the nation’s highest court is expected to decide the constitutionality of a national board that polices auditors of public companies…
…AKA “Sarbanes Oxley”, itself a huge issue…
…and whether gun rights extend to every state and city in the nation.
Tom Goldstein at SCOTUSBlog writes:
I predict that Justice Alito will write the Court’s opinion in McDonald recognizing that the Second Amendment is incorporated. But given Justice Alito’s sensitivity towards law enforcement, I doubt that the opinion will call into question a broad swath of firearms regulation.
That’s as it should be, frustrating as it may be in the short run; the case should set the stage for a huge legislative effort to overturn fascist gun-control laws. And if all goes well tomorrow, it’ll give Real America the constitutional tools it needs to exactly that.
I will, to say the least, be watching, and writing on the McDonald decision at my earliest opportunity.
Still so bitter, eh Mitch, clinging to your guns and religion.
The hope is that the Second Amendment is incorporated against the states as a fundamental right with the same level of deference and scrutiny as the First Amendment. That would greatly ease the battle.
The fear is that it’s incorporated but without that level of deference. ‘Yes, it’s a fundamental right, but in these changing times the government ought to be able to regulate it for any plausible reason.’ That would be a symbolic victory but a substantive loss.