My predictions are simple.
1. The court will conclude that the 2nd Amendment is an individual right and D.C.'s ban is an unconstitutional infringement upon that right.
2. The Court will leave open "reasonable regulation" of said right and will not define what is / is not "reasonable."
3. They will avoid stating what level of scrutiny should be applied to the 2nd Amendment
4. The question of incorporation will not come up.
5. D.C.'s ban will fall, but we'll need incorporation before we can make any serious headway after Heller. It may take decades before we get to that point, but we have to start somewhere.
Sunday, June 22, 2008
So Heller will likely be tomorrow
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