I think many people have missed an important part of this decision, including ELB who actually mentioned it. SCOTUS made it clear that the 2A protects a FUNDAMENTAL right. While this is not as good as a p&I ruling would have been, it is much better than the Heller ruling. Heller said that this was an individual right, but did not mention fundamental.
Now, I could be wrong, but it is my understanding that being declared a fundamental right makes it much harder to violate. The standard for a law abridging the 2A must now show that the law works, that the goal of the law is a strong state interest, and that there is no less intrusive way to meet this state interest than the law being examined. If I am correct, this makes it much harder for most gun control laws to be upheld since they must be shown to work.
either way, there are lots of court cases to be heard still. I am sure the states and cities will not just drop their laws without a fight.
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- by srothstein
- Mon Jun 28, 2010 11:57 pm
- Forum: Federal
- Topic: Getting the McDonald decision in almost real-time...
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