Right. I'm not a lawyer but if I am reading the decision correctly it appears that many of the present infringements on the right to keep and bear arms will still be allowable under this ruling. For one example NYC can still keep it's strict Sullivan law which makes it extremely difficult and expensive for an ordinary NYC resident to legally buy and keep a handgun. Chicago's gun licensing law is more like the D.C. law that was invalidated, so it may be challenged and quite possibly invalidated as well. However I don't see anything in the decision that will help people in "may issue" or "no issue" states obtain concealed carry licenses, or that will void laws such as those regulating magazine capacity, barrel length, stock configuration, types of ammunition, etc.
Don't get me wrong, I am delighted that the court confirmed what everyone knows but many won't admit, i.e., that 2nd Amendment guarantees an individual right rather than just a state's right to maintain an armed militia. We were only one vote away from losing whatever protection the 2nd Amendment now provides, and thereby opening the floodgates to a deluge of new and even more oppressive gun laws. I hope every gun owner will join me in thanking God for President Bush and his two SCOTUS appointments. If Kerry had won Ohio in '04 we would now be looking at a 6-3 SCOTUS decision overturning the D.C. circuit and opening the doors to any kind of gun ban or anti-gun scheme the antis could persuade or pay off a Democrat controlled Congress to pass.
By the same token, if Obama is elected and teamed with a Democrat Congress because many conservatives refuse to vote for McCain we can expect a liberal, activist SCOTUS in the near future, and a deluge of decisions that will change the way we live and conduct our lives in so many ways we won't recognize the US as our once free homeland. I neither trust nor like McCain, but comparing him to Obama is like comparing day to night.
“If Kerry had won Ohio in ‘04 we would now be looking at a 6-3 SCOTUS decision overturning the D.C. circuit and opening the doors to any kind of gun ban or anti-gun scheme the antis could persuade or pay off a Democrat controlled Congress to pass.”
You are correct that all freedom-loving Americans SHOULD be thanking President Bush for this decision. His nomination and subsequent confirmation of Samuel Alito is what gave us this decision today. Alito’s replacement of Sandra Day O’Connor has given us the majority whenever Kennedy decides to agree with us (partial birth abortion, today’s gun case).
However, if Kerry had won in 2004, today’s decision would have still been 5-4 - only Scalia would have written for the dissent. Rehnquist (replaced by Roberts) would have been with us on this one, as he always was (God rest is soul) :)
I agree with most of your thoughts here. I am not comforted by the thought of McCain appointing judges. We have appointed seven of nine of current judges. Where are we? We’re loosing more case than we win. And the reason is people like John McCain are representing our side in these matters. That either stops, or we loose no matter what. We could have a situation where we have 9 of 9 judges, and still loose far too many cases. Is that the goal?
I recognize Obama causes a lot of angst. At some point we either take a stand or our next nominee will be worse than McCain, and the next worse than him.
We need to change direction as a party, and this is my stand. Folks may think that foolish, but I don’t not want to watch this naiton slide further over the edge, without having a concerted effort by Conservatives to turn this thing around.
And under John McCain, nothing gets turned around. Under him Conservatism is dormant, and then we get the McCain to the X to replace him.
I won’t be playing that game any longer.
I appreciate the thoughts behind your decision. I think they are reasoned, as far as they go.