A Very Fragile Right

So, gun owners now have another victory from the Supreme Court on the heels of the Heller decision two years ago.

The Second Amendment’s guarantee of an individual right to bear arms applies to state and local gun control laws, the Supreme Court ruled on Monday in a 5-to-4 decision.

The problem is that, like Heller, this is a 5 to 4 split by the court. We are one justice away from a decision that could well strip Americans of their right to keep and bear arms. One justice.

I tried to warn about the loss of the courts before the last presidential election. Maybe, just maybe, this narrow victory will get a few people thinking about how very fragile our right to keep and bear arms is. If Republicans can get more strength – or even a slim majority – in the Senate in November, they may be able to force more centrist appointees to the Federal benches.

More from Glenn Reynolds.

Links via Memeorandum.

UPDATE: Why we should not be dancing in the streets over McDonald. It is much less than many are making it out to be.

This entry was posted in Legal. Bookmark the permalink.

3 Responses to A Very Fragile Right

  1. ropelight says:

    Take note that Justice Sonya Sotomayor voted against the majority opinion, which was contrary to what she said in her confirmation hearings that she believed the 2nd Amendment right to keep arms was an individual right.

  2. Gaius says:

    Gee. She lied? Whodathunk.

  3. martian says:

    At best it’s a Pyhrric victory for gun owners. Note that the opinion did say that local governments could impose ‘reasonable restrictions’ on gun ownership. Who defines ‘reasonable’? Like DC after Heller, Daley and his minions are already planning all sorts of onerous and expensive restrictions for gun owners and every one of those restrictions is likely to end up in a court battle as to whether it can pass the ‘reasonableness’ test. This will be tied up in the courts for years to come. In the meantime the citizens of Chicago, unable to defend themselves will continue to die as victims of criminals who don’t give a damn about restrictions. On a recent weekend in Chicago 32 people were shot, 2 were stabbed and the death count isn’t final yet. And Mayor Daley stands at his podium, surrounded by armed bodyguards, and rails about how bad it would be to let citizens be armed and able to protect themselves.

Comments are closed.