Something to consider
Heller and MacDonald had to get Justice Kennedy on board. Justice Kennedy probably was concerned about opening a Pandora's box with regard to gun rights.
As we head to future cases in front of the SCOTUS, the court will have had a track record since mid 2008 to see how the lower courts would use Heller.
What the lower courts have shown the SCOTUS is that there won't be an expansive and reckless application of the second amendment that has happened with other rights that the courts do like.
In the meantime, other rights get ruled on and the lower courts jump on rights they like.
Like it or not, the bill of rights is a chain and all the rights are interdependent links.
Many on both the right and left don't get this, they think they can pick and choose which is why the bill of rights is in shreds.
I predict that the US Supreme court will rule that gay marriage is a constitutional right under equal protection under the law, it will be at least a 5 to 4 ruling with Kennedy being the swing vote.
Equal protection, right to travel and I am sure some other rights will be connected when we finally get a carry case in front of the SCOTUS.
Gay Marriage is going to help carry, especially here in the 9th.
The lower courts are stumbling over themselves figuring creative ways to undermine our rights and ignore the intent and spirit of the Heller case.
IMHO, Heller was written in such a way to give the lower courts plenty of room to hang one's self.
Right now we are in a jam for at least the next two years because certain republican candidates may have cost Romney not only the election, but possibly numerous US Senate seats as well.
The Senate confirms federal appeal court judges and having a track record of voting the wrong way on the second amendment may possibly derail nominations.
Since there will be few gun bills, judicial nominations will become a factor in rating how pro gun a senator is.
A judge who has ruled the wrong way on gun cases will put senators on notice. The republicans have shot themselves in the head on social issues and as such have to find something to rebuild on.
Gun rights and the other rights that are inter-connected by default will be a vehicle.
As Gene says, this is a chess game and in a chess is a war game where pieces are either lost or sacrificed in order to win the game.
One key thing that must be done to win a chess game is to be on offense and having the other side of balance and playing defense.
The other side is playing defense and although we do have setbacks, the truth is we are moving forward. Gun sales are up, CCW permits are up, crime is down and Americans are turning against prohibition as a government policy.
Winning starts with an attitude, if you believe you are a loser, you are.
Last edited by nicki; 12-05-2012 at 2:54 AM..