June 29, 2010

The High Court's four liberals are holding out to overturn Heller.

Today's WSJ editorial:
Justice Stephen Breyer, joined by Sonia Sotomayor and Ruth Bader Ginsburg, even did a rare turn as a states' rights advocate, noting that incorporation will curtail the ability of states to craft their own gun laws. This problem doesn't seem to bother Justice Breyer or the other liberals when they overturn state laws based on a "right to privacy" that, unlike the Second Amendment, is mentioned nowhere in the text of the Constitution.

All of this suggests that the liberals have decided to bide their time and wait for a fifth vote so they can overturn both Heller and McDonald. This means that the matter of Second Amendment rights is far from settled, and the National Rifle Association and other advocates had better keep their legal guard up. ...

As for Ms. Kagan and gun rights, as a clerk to former Justice Thurgood Marshall, she declared herself "not sympathetic" to a Second Amendment case similar to the issue in Heller. As an aide in the Clinton White House, she advocated aggressive gun control regulations. Despite yesterday's welcome extension of gun rights to the states, the liberal effort to make the Second Amendment a second-rate right is a long way from over.

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