Heller was the most important 2nd Amendment case ever to hit SCOTUS. Here’s why. It set the foundation for further cases. The big one, and the one that is only mentioned once in the majority opinion in Heller II from the COA is McDonald v. Chicago 2010.
That gave us incorporation. Like it or not, that decision had very far reaching ramifications that will take years to iron out.
If SCOTUS weakens the “scrutiny” for the 2nd Amendment or they apply different standards, example being the NFA tax being ruled Constitutional, doors will then swing open for attacks on other enumerated Rights. Again, if the NFA is ruled Constitutional, then a revisit to the issue of poll taxes will happen.
SCOTUS is walking through a mine field created by themselves, their predecessors and Congress.
Something else to consider... the COA in this case stepped way outside the bounds of the questions at hand. References to “machine gun” and the machine gun ban are on every page of that decision. They know it’s a dead duck and they are trying to find a way to justify it Constitutionally. In their efforts to protect it, they have made it extremely vulnerable. Their verbiage in their decision has all but guaranteed a SCOTUS review.
Celebration of Heller wasn’t premature, it was appropriate. The issue now is the doubting Thomas’s that have no clue what is going on legally on the 2nd Amendment. Nothing that has happened so far with Heller II was unexpected. There’s a lot more coming. Heller III is in the works as is Heller IV.
My recommendation would be to stop panicking, help out by donating to the Heller Foundation and volunteer to spread the word and work at gun shows and other venues and to help organize in your area.
Well said. We have more than enough naysayers and defeatists. It is easy to use convenient excuses to do nothing. The fact is that we are winning on this front, and we need to keep on pushing, and educating, and working elections to gain the widest possible victory.
The facts, the Constitution, and the culture are on our side.
The salient point here is that Heller, MacDonald, etc all rest on a single vote in the SCOTUS. If tragedy occurs and we lose a conservative justice, Obama appoints the replacement and your second amendment rights are finished.
Celebrations were premature because all Heller did was start the analysis of the limitations that can be placed on the Second Amendment. Heller stirred up the anti-gun groups, to become more desperate....that includes Obama and partially explains Fast & Furious.
These are VERY dangerous times with a 5-4 majority that is shaky, at best.
If you don't think someone like Obama and his ilk are capable of eliminating a SCOTUS Justice, especially, if electoral defeat is imminent, you are deluded.
The salient point here is that Heller, MacDonald, etc all rest on a single vote in the SCOTUS. If tragedy occurs and we lose a conservative justice, Obama appoints the replacement and your second amendment rights are finished.
Celebrations were premature because all Heller did was start the analysis of the limitations that can be placed on the Second Amendment. Heller stirred up the anti-gun groups, to become more desperate....that includes Obama and partially explains Fast & Furious.
These are VERY dangerous times with a 5-4 majority that is shaky, at best.
If you don't think someone like Obama and his ilk are capable of eliminating a SCOTUS Justice, especially, if electoral defeat is imminent, you are deluded.
In the words of the great philosopher, Yoda:
Victory? Victory, you say? Not a victory Heller is. Begun, this war has.