>Heller and the Supremes

> Here’s David Hardy’s notes on the oral argument today. His initial call:

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…My guess is a 5-4 for us, possible a bit better but I wouldn’t bet on it, and a narrow opinion by Roberts: a total ban on a class of arms violates the 2nd Amendment. The lower courts can figure out any additional inplications, and after a few years we may take another case to flesh it out some more. As Roberts pointed out, first amendment standard of review is a creation of the courts, and they took years on it.

Key event: Justice Kennedy turns out to be strongly pro individual rights. Read the notes.
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The blog run by big DC law firm Akin Gump has this recap.

My call?

– RKBA is an individual right

– subject to reasonable regulation in furtherance of important governmental objectives (i.e., intermediate scrutiny)

– requiring the current DC ban to be re-written to pass Constitutional muster

– but permitting the continuation of 90%+ percent of existing gun laws

– including the new AWB II to be enacted in the first 100 days of the new Administration and Congress in 2009.

Tempus fugit.

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