We’re going back to the Supreme Court. I agree with Cam’s take on this: “The Courtâ€™s acceptance of this case is going to lead to a meltdown by many on the Left. Expect court-packing rhetoric to grow red hot from the likes of Sen. Sheldon Whitehouse and other anti-gun Democrats whoâ€™ve been threatening the Court with ‘restructuring’ if it took a Second Amendment-related case for well over a year now.”
I believed the rhetoric about court packing was actually squarely aimed at the Second Amendment. Why do I say this is good news? I have heard from people who would know that there was a coalition on the Court that meant Scalia could avoid taking any case he could not win. I am betting that deal has managed to continue. I would not say it’s a slam dunk. This will be a nail biter.
There was a lot of talk about the denial of cert for the felon-in-possession cases last week. I didn’t really comment on them because I didn’t think that meant much. The truth is the lower courts haven’t handled that issue as poorly as they have with understanding the core right. So I wouldn’t really read much into it. To me FIP cases are miles down the road when the lower courts aren’t even getting the basics right, or in some cases outright reversing Heller and McDonald.