Posted 27 February 2016 - 04:07 PM
This creates a huge problem. That problem being those who live within the jurisdiction of the Fourth Circuit basically have more rights than those under the jurisdiction of the other federal circuits. We get the asinine intermediate scrutiny using the two-step "Does/do the conduct or item(s) in question fall under the protection of the Second Amendment? If so, how much does this law burden the right." Well I have to say that's a ridiculously subjective question. Just because they say it's a de minimis burden doesn't mean anything. It's the opinion of three unelected, unaccountable, likely partisan judges. I respect Chief Judge Traxler for tossing politics to the wayside and interpreting the Second Amendment as written. Not as some archaic, deprecated Constitutional Amendment that doesn't really apply today because the Founders couldn't have foreseen the firearms in use today. Of course the Framers didn't expect us to be using muskets today. Only an idiot would believe that technology doesn't improve. They couldn't have imagined the future but they were intelligent enough to realize that, like any civilization, we would improve on or develop new technology. Anything less is myopic.
While Kennedy may regret his decisions in Heller and McDonald, it really doesn't matter. He's on record. So for him to do a complete 180 would be unprecedented. "I supported if before I didn't support it." What would concern me, with the Court being 4-4 (or even 5-4) is the question involving the standard of judicial review. Thank God we have the Scalia and Thomas dissents in denial of cert in Jackson and Friedman. We do not apply different standards to different rights. First Amendment gets more protection than Second. No question. That should not be the case. The Constitution's guarantees are not contingent on a body count. Besides, the First Amendment is far more dangerous than the Second. Bottom line is that I'd feel better if we get a Republican in the WH and Ginsburg (and likely Kennedy, Breyer as well) retire soon. Remember, Kennedy said he wouldn't retire unless a Republican is elected POTUS. Get a Dem POTUS and we will see a Court where the Rule of Four is rendered useless because Roberts and Alito will be the only two conservative (compared to Sotomayor) Justices left. With seven liberals on the Court, they'll be able to do whatever they want from the bench. "health insurance is a basic right" "a job is a civil right" "college education is a right" "abort your child whenever you want. Even post-birth."
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