The Only Way They'll Get My Gun Is When They Interpret It Out Of My Living, Breathing Constitution

This week will see the Supreme Court's decision in District of Columbia v. Heller, the Second Amendment case which has the potential to be the most important decided this term. Depending on work commitments, which come first, we will attempt to cover it. For instance, if the decision comes down at 10am this morning, you'll hear nothing from me, as I'll be arguing a less important case (that is, to everyone except for my client and for me). But if we can…

Most but not all feel the Court will hold for Heller, based on oral arguments and the Court's current lineup of Justices. The most important questions to be decided in Heller are whether the Fighting Second grants an individual right to keep and bear arms, the level of scrutiny the Court feels should apply to gun ownership restrictions, and whether the Court will attempt to incorporate whatever right it finds into the protections guaranteed by due process, and therefore to apply it to the states. I doubt the Court will address the last question in a controlling opinion, but the issue may come up in Scalia/Thomas concurrence if the respondent wins.

Scotusblog and Volokh will certainly cover this important decision when it comes down, as will Instapundit, who isn't much as much a pure law blogger but for whom this is an issue of professional concern, as he's a Second Amendment expert. You will certainly find better coverage of what the decision means from the law blogs than you will from big media, who can be expected to sensationalize the issues while misunderstanding or downplaying the legal holding.

Last 5 posts by Patrick Non-White