Speculation: Did Scalia write the Heller decision?
The speculation circulating around Washington is that Scalia wrote the Heller v. DC decision. That speculation is based upon the fact that Scalia has supposedly not authored any of the decisions this term. (I haven't even checked this claim.) If this is true, it would presumably bode very well for the decision. I guess that the next question is: when will the decision come out (Wednesday or Thursday)?
Labels: GunControl, SupremeCourt
posted by John Lott at 9:45 PM
3 Comments:
I sure hope Scalia wrote the Heller decision. Since he is a gun owner and likely believes that the right to keep and bear arms is not only constitutional but predates the actual constitution, like Blackstone wrote about.
Dr. Lott, is it possible that many arcane gun laws that preclude RKBA would be rendered moot if the court supports the 2nd amendment?
This is such an important decision (as important as Kelo was - despite how badly they messed up) I am positively doing backflips.
Scalia writing the opinion does indeed bode well, but there is still plenty of room for disappointment over the scope of the decision.
I'm very anxious about this decision. I hope it is very narrow in scope, otherwise, the 2nd will be permanently codified as a privilege instead of a right. My fear is the court will say: the second amendment is an individual right as prescribed by law or, a complete ban on handguns is a violation of the right, but other laws aren't. Remember, during oral arguments, even Scalia expressed concerns that federal laws on machine guns would be compromised. Sadly, this means Scalia doesn't understand what the 2nd means. For if there is one weapon protected under the 2nd, it is the M4 select fire rifle used by our foot soldiers.
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