Analysis
The Supreme Court on Tuesday seemed poised to require state and local governments to obey the Second Amendment guarantee of a personal right to a gun, but with perhaps considerable authority to regulate that right. The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment�s guarantee of �due process,� since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.
When the Justices cast their first vote after starting later this week to discuss where to go from here, it appeared that the focus of debate will be how extensive a �right to keep and bear arms� should be spelled out: would it be only some �core right� to have a gun for personal safety, or would it include every variation of that right that could emerge in the future as courts decide specific cases? The liberal wing of the Court appeared to be making a determined effort to hold the expanded Amendment in check, but even the conservatives open to applying the Second Amendment to states, counties and cities seemed ready to concede some limitations.
Great post, Steve. I think that sums up about all we are likely to learn today.
This analysis is hinting that getting strict scrutiny might be a tough battle, or that strict scrutiny might apply to a narrow right.
Looks like they are not going to stir up P&I. According to the writers I follow, that is not a surprise.
Mayor Daley will go down to bitter defeat. The Chicago gun ban will be overturned.
