How would SCOTUS rule on Parker v. DC

[veeklog]

Veek:

I completely hear you on the way the bureaucrats work. I've met them, dealt with them, worked with them and against them.

At this point though the only people who have to choose to care are the guys who have life tenure. For the reasons set forth above, I think they will take it because I think Alito, Roberts, and Thomas (and maybe even Scalia) do actually care that things have gotten weird with the bureaucrats listed above and care to get the right political answer. It's why they are there and none of them will lose their job if they can get five votes for an individual right. If they can't get 5, they just will not hear it.

Its that simple.

-Gene

Gene:
I hear you on this issue, and see your point. I do believe Scalia is a Constitutionalist who would follow most of the others, and believe it or not, so is Ruth Bader Ginsberg. On most part, especially in recent years, the court has been deeply divided on certain issues and cases. But on Constitutional Issues, especially the ones that make up the Bill of Rights? Not a CHANCE!! What I'm trying to say is that no one wants to challenge a issue like the 2nd Amendment because no one wants to second guess or rule against what our founding fathers were thinking and put down on paper. It's that simple.

As far as the court to hear and rule on a 2nd Amendment issue, it might be time for the court to hear this case and put this issue to rest. But then what would happen is states, like the PRK, would scream state rights and the issue would be inflamed again. I believe SCOTUS is trying to avoid this quagmire and future reprocussions.

[hoffmang]

Veek,

I completely concur that we're likely to get into the "states rights" mess post Parker. When we're talking about an enumerated right instead of an unenumerated right, its easier to get both the left and the right to basically agree to it.

The real flyer question is whether there will be incorporation guidance in the decision to try to keep that "states rights" argument from being inflamed.

-Gene