Tuesday, March 18, 2008

Heller Predictions

Ok... I wrote a lot but didn't actually say what I think is going to happen.

This is my worry... Roberts.

From the moment he start talking in the confirmation hearings we knew his court was going to take a Second Amendment Case. That's the kind of man he is. He is a fixit guy... legal loose ends bother him.

He was candid about Miller. He thinks it caused more problems than it cured. Ok... fine. He was dropping hints. He was saying that "Miller doesn't say what everyone thinks it says."

But does that mean that he's going to make everyone else fit the law... or is he going to overturn Miller in such a way that makes it consistent with everyone else now?

I think the latter.

Miller has been our trump card for decades. I'm afraid that's about to change for the worse.

The left is predicting doom and gloom... of course... doom and gloom raises money...

On the right.. even the best case scenarios repeal the ban but leave federal law intact. I don't like any of it.

I'll tell what I think is going to happen... Judges love jurisdiction. They love the minutia of it... and they love legal technicalities deciding cases. So where is this case being held?

Right. DC. And what is DC? Federal land. The law works differently in DC than any other city in America... so that gives the court wiggle room. But look at what happened last time.. the court decided one way... but the effect was the exact opposite.

I fear they are going to strike down the ban because the City government didn't have the power to do it... which will be reported as a win for the Gun Grabbers. How? Because they didn't strike it down because it was an individual right... so even though DC couldn't do it... NYC can... every other city in America can... because they aren't DC and the DC rules don't apply to them.

That's the worst case option... and that's what I fear will happen. Roberts is the only thing that may prevent that outcome. He hates decisions like that... and he may well step in and simply refuse to allow it to go down that road. You can bet Kennedy will do whatever Roberts does...


The more I think about it... the more I don't like it.

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