Thursday, June 26, 2008

The DC v. Heller Disappointment

The Supreme Court released its ruling in the "guns case," which is to say, DC v. Heller, today. And frankly, I'm a bit disappointed in their decision.

From what I have read so far (not much, as the combined opinions are 157 pages long), the majority's reasoning was, well, interesting. One might even say, creative. In the sense that Enron's fraud was "creative" accounting. Additionally, Scalia's opinion left several questions open. For instance, what standard does one apply to gun laws to judge whether they are in compliance with Heller? Scalia rejected the use of the rational basis test, but he did not say what standard would be proper. Next, does this ruling incorporate the Second Amendment to the states and local governments? Again, hard to tell, and this will probably require more court cases, more wasted taxpayer dollars, and an even more clogged court system. Thanks a million, Antonin!

I'm going to read the opinion within the next few days (I can't give you a specific date) and monitor the blogs, and get back on this. For now, check out RCP's posting of the candidates' reactions. I particularly agree with Senator Obama's response.

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