Justice Scalia thinks we’ll be hearing more Supreme Court cases on guns soon. I think Scalia would vote to give us a strong and robust Second Amendment, but he needs four more votes to win cases. I’m glad to hear he’s softening up Kagan. Who would have thought in the 70s and early 80s we’d be primarily fighting long gun bans because handgun bans were off the table? I actually think it would benefit even a very urban and very gun weary Democratic Party to have the courts largely settle the issue in favor of gun rights. That opens the door to the Democrats using gun control the same way Republicans use abortion. Republicans love to talk a good talk on abortion, but the fact is the court protections preclude most of the policy options they advocate, and they are then left nibbling around the edges, and mostly failing at that, when it comes to policy. But it’s a good issue to drag out at election time and dangle in front of important constituencies. I’d be tickled pink of the gun issue ended up like abortion, and with similar levels of protection from the courts.
Amicus briefs have been filed in Kachalsky. I don’t think all this late gun control nonsense is going to change the fact that carry will be the next issue before the Court, and we can hope the Court will clear things up a bit when it comes to standards of review.