I missed a lot of it, so I'm trying to catch up with this low quality C-Span rebroadcast (RealPlayer req'd).
Transcript here.
Update: Say Uncle has some thoughts.
ScotusBlog has more.
Heh. 'Wow' is right.
I wasn't impressed. Gura seemed too ready to concede vital points. It's like he didn't do his homework on what is and what is not reasonable as far as restrictions. It's like he's unwilling to offer any objective standard of reasonable restrictions on arms except in this case, and machine guns. He had no good answer to the question by one of the Justices asking if 'we can say the Second Amendment means shall not be unreasonably infringed?'
Countertop was there... and he is damn optimistic. So am I, but that's a lot of optimism.
I have no doubt the Court will find the D.C. gun ban unconstitutional, little doubt that regulations concerning the right to arms will be subject to strict scrutiny, but I worry about what the Court will have to say about reasonable restrictions. And I'm still a bit skeptical about the incorporation of the 2nd Amendment. Without the right to arms being tied into the 14th Amendment, all we have is a federal win, which would do little to deter states from enacting gun bans. Then again, I don't see why it shouldn't be incorporated, if not already, as militias are state entities.
I'll have more later.
3/18/2008
Audio of oral argument: D.C. vs. Heller
If you like it, link it | 1 Comment:
Gura was trying to win the case, not convince the Supremes that all people should be able to have all guns, anywhere, anytime. The idea is to convince at least five justices that an outright ban on handguns in the home for law-abiding citizens is not allowable under any standard of review. Lots of folks want to argue that the second amendment allows machine guns, high capacity magazines, unlimited carry, etc. Maybe it does, but if Gura would have argued that, he might have lost one or more of the five justices that clearly were on his side. Once it was apparent that Justice Kennedy, who was likely the "swing" voter, supported an individual right to firearms, Gura's task was not to lose Kennedy or any of the other more reasonable justices by suggesting that a decision in his favor opens up the floodgates. Other situations, including carrying, high capacity magazines, fully auto weapons, etc. will have to wait for another day. The law moves incrementally, not in bold leaps
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