CBS Correspondent Predicts Close Decision Over DC Gun Ban Case with
One of Justice Anthony Kennedy's law clerks, Orrin Kerr, recently predicted this precise scenario. After declaring that there is an individual right under the Second Amendment, "Kennedy will endorse a relatively deferential standard of review that will end up allowing a great deal of gun regulation," wrote Kerr.
It matters what Kerr thinks about Kennedy because it matters what Kennedy thinks about the court. Almost certainly he will be the "5" if the gun case is decided, as most think it will be, through a 5-4 ruling. The litigants surely know this and so will cater their briefs to push the Swing Justice in one direction or the other. But will Kennedy, in the end, be willing to forge the compromise that ends that individual/collective "dichotomy" that Professor Cornell complains about? . . . . .
Thanks to John Lazar for sending me this link.