Bartholomew Roberts
Moderator
Just a reminder as we celebrate Heller....
Parker/Heller was filed in 2003. At that time, we did not yet know who would win the 2004 election. We also did not know that Rehnquist would die (leaving one likely pro-2A vote up for appointment) and that O'Connor would retire (leaving one questionable vote up for appointment).
We did not know that GWB would win the election in 2004 by a close; but not as close as 2000 margin. We did not know that "Machinegun Sammy" Alito would replace O'Connor or that Roberts would fill in for Rehnquist.
Given how close the 5-4 decision was, it could have easily gone the other way had Heller reached the Court earlier. Had Kerry been appointing Justices, it certainly would have gone the other way. Anybody regret the 2000 or 2004 elections now?
Parker/Heller was filed in 2003. At that time, we did not yet know who would win the 2004 election. We also did not know that Rehnquist would die (leaving one likely pro-2A vote up for appointment) and that O'Connor would retire (leaving one questionable vote up for appointment).
We did not know that GWB would win the election in 2004 by a close; but not as close as 2000 margin. We did not know that "Machinegun Sammy" Alito would replace O'Connor or that Roberts would fill in for Rehnquist.
Given how close the 5-4 decision was, it could have easily gone the other way had Heller reached the Court earlier. Had Kerry been appointing Justices, it certainly would have gone the other way. Anybody regret the 2000 or 2004 elections now?