Well folks, it looks pretty good that we’re going to win on Heller. If I were a betting man, I’d put money on it. Not a guarantee, but the odds look pretty good. But go back and listen to the oral arguments; who are the justices that most are supporting us in the questioning?
- Justice Scalia – Appointed by Ronald Reagan
- Justice Thomas – Appointed by George H.W. Bush
- Justice Alito – Appointed by George W. Bush
- Justice Roberts – Appointed by George W. Bush
- Justice Kennedy – Appointed by Ronald Reagan
This should give you all some idea of the importance of elections. Where do you think we’d be on the Heller case if Al Gore or John Kerry had won in 2000 and 2004 respectively? Given that none of these justices seemed to express support for a really robust second amendment right in the quesetioning, at least one that would make all of us happy, how do you think the right will be constructed in subsequent cases before The Court if we just let Obama or Hillary select the next two, possibly three justices to put on the high court?
For all my complaints about George W. Bush on the gun issue, and despite my blief that Bush is hardly to be considered a conservative, we would not be looking at a very strong possibility of winning this case if gun owners had not put him in the oval office in 2000/2004. We actually need a stronger court, not just at the Supreme Court level, but at the circuit court level too, for the cases which will inevitably be fought after this. I think Heller will be decided narrowly.  If we want to fight the next battles and win, and avoid getting an individual right without meaning, we need to make sure McCain is in the oval office in 2008.