nobody_special
New member
Assume, for a moment, that the Supreme Court overturns the appeals court decision in Heller, recognizing an individual right but not holding it to strict scrutiny. I think there is a fair chance of this outcome. Let's assume that the D.C. ban is upheld. See, e.g., here and here.
Further, let's assume (again, reasonable IMHO) that such a decision does not significantly alter the upcoming election, and the Democrats are likely to win both the presidency and a majority in both houses of congress. In other words, political pressure on a national level is unlikely to produce positive results, at least for a while. I'd like to limit this discussion to legal rather than political strategies.
What then? Are there any further legal approaches that might help?
Presumably a case could still be made for incorporation, and for "bearing" arms. I presume the district courts that previously found only a collective right would re-examine their decisions; however all restrictions and regulations may be maintained under a low standard of scrutiny.
(Yeah, I'm worried...)
Edited to add: Mods, I thought this might merit a separate discussion from the main Heller thread, as it discusses consequences of a particular possible outcome, rather than Heller itself. My apologies if this is out of order.
Further, let's assume (again, reasonable IMHO) that such a decision does not significantly alter the upcoming election, and the Democrats are likely to win both the presidency and a majority in both houses of congress. In other words, political pressure on a national level is unlikely to produce positive results, at least for a while. I'd like to limit this discussion to legal rather than political strategies.
What then? Are there any further legal approaches that might help?
Presumably a case could still be made for incorporation, and for "bearing" arms. I presume the district courts that previously found only a collective right would re-examine their decisions; however all restrictions and regulations may be maintained under a low standard of scrutiny.
(Yeah, I'm worried...)
Edited to add: Mods, I thought this might merit a separate discussion from the main Heller thread, as it discusses consequences of a particular possible outcome, rather than Heller itself. My apologies if this is out of order.