Our new and improved second amendment!

Ok so I have not read the opinion yet, but the court struck down the washington DC handgun ban.  Now, the second amendment is officially an individual right!  Federalism under this court confuses the hell out of me.  When the ADA is at issue, states win (federal law loses and states are free to discriminate based on disability).  When guns are involved, federalism means that the states cannot regulate guns (federal law wins).  When marijuana is involved federalism means that federal law governs (no medical marijuana for you California!).  As someone who holds dear civil rights I’d like to be able to embrace the court’s willingness to recognize individual rights but they only seem interested in doing so some of the time. 

Here is the opinion (opens as a PDF from the SCOTUS website) – we should actually read it and discuss, but I was jsut thinking that maybe Kennedy was going to get this right given his recent excellent decisions on the death penalty.


One Response to Our new and improved second amendment!

  1. hegemonsadun says:

    As disturbed as I am by the Court’s ruling, I’m MORE disturbed by Obama’s response to it. He applauded (huh!?) the finding that one’s right to bear arms is an individual right – a position not even Republican President’s took before GW.

    I’m in DC right now and the town is going bezerk over the ruling. I’m staying across the street from the Supreme Court (literally 40 feet) and people are pissed – trust. But as pissed as they are about Heller, there seems to be even more fuss over the Louisiania rape/execution case. And again, surprise, surprise, Obama ran to the center and ‘condemned’ the ruling saying the man ought to have been executed.

    LB, I know you love Obama. But is it possible we all (and by we I mean everyone but me) crowned the guy a bit too soon!? He’s not the steadfast liberal you all proclaim him to be.

    FISA, Campaign Finance, Guns, NAFTA, Death Penalty, Religion/State… He’s flopping quite a bit. And yes this is the general, but at a minimum you have to concede this is the politics of old – not the change we’ve all been promised.

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