- SCOTUS - Incorporation of 2nd A ...What Can We Expect Moving Forward?

[Ding126]

I am so anxious to hear their ruling. I hope there aren't any surprises. What do you think is Best Case & Worst Case we can expect?

[Shotgun Man]

Yeah, me too. I expect a positive ruling that 2A is incorporated against the states and Chicago's ban is unconstitutional.

I don't know whether SCOTUS will flat-out state the level of scrutiny.

What really intrigues me is what will follow with the CA lawsuits on hold (Pena, Nordyke, etc.)

[Dr.Lou]

Fingers crossed...

[GoodEyeSniper]

My pessimistic view on what will happen.

They grant incorporation, with very little specifics in regards to scope. They'll say a few things about "reasonable regulations" or whatever the new hot word for anti-2A laws are.

It will be a definite step in the right direction for us, but a smaller step than we'd hope. The antis will say "but, but REASONABLE REGULATIONS" etc... and keep pushing for AW bans (which won't go anywhere), and open carry bans, etc... and it will be past the end of the Mayan calendar before California sees anything remotely like Shall Issue, or getting rid of our AW Ban.

But, I'm also trying not to get my hopes up. And admittedly know less than most that post here :P

[2009_gunner]

Another important case that should be released any day, is Palmer v DC. CCW in the nation's capital - that should be worth a few editorials.

[KWA-S]

and it will be past the end of the Mayan calendar before California sees anything remotely like Shall Issue, or getting rid of our AW Ban.

That IS only two years away. How long has Nordyke been thrown around?

[Cobrafreak]

If we lose SCOTUS we may as well move to AZ. It's the most important ruling on our gun right we will ever see in our lifetime. Fingers crossed.

[Blackhawk556]

i hope this really goes our way. this will be the longest 60days ever

[tombinghamthegreat]

Just wrote two papers for my upper division political science class about Heller and the upcoming McDonald ruling. Got a B+...only got marked down for lack of proofreading(wrote the report at the last minute, didn't proof read)

[Shotgun Man]

Just wrote two papers for my upper division political science class about Heller and the upcoming McDonald ruling. Got a B+...only got marked down for lack of proofreading(wrote the report at the last minute, didn't proof read)

Might you post it?

[press1280]

I am so anxious to hear their ruling. I hope there aren't any surprises. What do you think is Best Case & Worst Case we can expect?

Realistic best case is "full" incorporation,meaning none of this stuff suggested by Stevens that the states will have a watered down 2A. Also, a standard of scrutiny and maybe another look at the full meaning of the 2A, suggesting carry rights outside the home. A stronger than 5-4 split would also help.

Worst case is obviously a loss on incorporation, but that's very unlikely IMO. Otherwise, incorporation with a vague opinion on standards and the 2A meaning will ensure many more trips to the high courts for our victories.

[press1280]

Another important case that should be released any day, is Palmer v DC. CCW in the nation's capital - that should be worth a few editorials.

The more time Palmer drags on the more I get the feeling that the judge is waiting for McDonald to come out(even though they're not the same issues). It sucks some judges may not feel like doing their own research and analysis and wait for higher courts to make decisions for them.

[ZombieTactics]

We're going to get incorporation with intermediate scrutiny.

States like CA will try all sorts of crap with "reasonable restrictions", and probably push the limits of intermediate scrutiny.

Court case will abound ... many of which will eventually end up at SCOTUS again. The pessimist in me fears that our current POTUS will eventually end up with the death or resignation of one of the more conservative-leaning justices ... and will appoint some idiot like Eric Holder, Hillary Clinton or Janet Napolitano.

The fight is never over ... eternal vigilance is the price of freedom.

[tiki]

It sucks some judges may not feel like doing their own research and analysis and wait for higher courts to make decisions for them.

I prefer it that way. It seems that when these lower court judges make their own decisions, they wind up going to the higher courts anyway. I would rather Palmer wait for McDonald, then have them make the right decision. Otherwise, Palmer has to go back to court after McDonald if Palmer conflicts with McDonald.

[Legasat]

I'm pretty confident (from reading), that we will get the basic right incorporated. My biggest fear is how much latitude will Scotus give the States to erect "reasonable restrictions". I think it is possible to win the case, and still not gain much ground.

Keeping finger crossed.