Heller and the Supremes
Here's David Hardy's notes on the oral argument today. His initial call:
...My guess is a 5-4 for us, possible a bit better but I wouldn't bet on it, and a narrow opinion by Roberts: a total ban on a class of arms violates the 2nd Amendment. The lower courts can figure out any additional inplications, and after a few years we may take another case to flesh it out some more. As Roberts pointed out, first amendment standard of review is a creation of the courts, and they took years on it.
Key event: Justice Kennedy turns out to be strongly pro individual rights. Read the notes.
The blog run by big DC law firm Akin Gump has this recap.
- RKBA is an individual right
- subject to reasonable regulation in furtherance of important governmental objectives (i.e., intermediate scrutiny)
- requiring the current DC ban to be re-written to pass Constitutional muster
- but permitting the continuation of 90%+ percent of existing gun laws
- including the new AWB II to be enacted in the first 100 days of the new Administration and Congress in 2009.