Wednesday, November 21, 2007

So the Supremes decided to take the case

and lots and lots of commentary is running around. Hit Instapundit and just scroll down a ways, lots of links. Legal commentary, lots at Volokh, again just scroll down. Check around the innernets and you'll see doom & gloom, excitement, hysteria and 'what if'.

I'm half-surprised. The arguments that they'd refuse to review were pretty good; the perils to both sides if they accepted gone over by all. I guess it hit the point they didn't think they could keep ignoring it.

If I had to guess, I'd tend to agree with Bill Quick:
My first take (I have to admit I’m shaking in my boots at the negative possibilities here, given that I thought the SCOTUS would dodge this one) is that the Court will find an individual right, but do so in such a way that almost no gun control laws currently in place are much disturbed, although pestholes like Chicago and San Francisco may be encouraged to permit their citizens to defend themselves once again. The whole issue of incorporation will be much discussed beyond the court as well, I expect.
But I have been wrong before.

One reason I don't expect them to say "Right of the states, all you peasants stop bothering us"? Some of them are arrogant statists, but I don't think anyone on the court is actually stupid; if they thought they got bad press for bringing 'international law' into Constitutional discussions before, they've got to know what would happen here. Etc.

We'll see.

No comments: