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Old 12-04-2012, 9:28 AM
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kcbrown kcbrown is offline
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Originally Posted by OleCuss View Post
I think that is still a little overly pessimistic.

I think that if the SCOTUS gives clear and explicit guidance on the current 2-step mangling of the 2A that the district courts will start to rule accordingly. You'll end up with pressure from both the lower courts and from the higher court for the circuit courts to respect our rights.
Osterweil v Bartlett acts as evidence otherwise.

You'll also get a certain amount of peer pressure from other circuits who fairly willingly follow SCOTUS guidance.
Maybe, and such pressure would be meaningful were this an issue that didn't carry this kind of weight. But the right to keep and bear arms is regarded as such a "dangerous" right by the courts in question that I can hardly see "peer pressure" having any meaningful effect on them.
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

The real world laughs at optimism. And here's why.