Unlike Justin, I think the Heller case overturning the DC gun ban has far larger impact than just Washington DC itself. Scalia and the other four conservative justices left that open for question for now, based on my limited understanding of the opinion. We'll know soon enough, when the inevitable lawsuit against the Chicago ban winds its way up.
Of interest to me was the potential political impact. Obama was clearly scared as hell that the liberal wing of the court was about to eviscerate his chances of winning in November. And yes, a decision nullifying the 2nd amendment would have done so. If you don't believe me, ask Bill Clinton and the many, many outgoing members of the 103rd congress why they think they lost big in 1994. So yes, this was a big deal, as illustrated by Obama's lack of straight talk on the matter:
When Obama has been asked on multiple occasions to weigh in on the D.C. gun case he has regularly maintained that the Second Amendment provides an individual right while at the same time saying that right is not absolute and that the Constitution does not prevent local governments from enacting what Obama calls "common sense laws."
Although he has been willing to describe his general views on this topic, Obama has sidestepped the question of whether the ban in the nation's capital runs afoul of the Second Amendment.
Asked by ABC News' Charlie Gibson if he considers the D.C. law to be consistent with an individual's right to bear arms at ABC's April 16, 2008, debate in Philadelphia, Obama said, "Well, Charlie, I confess I obviously haven't listened to the briefs and looked at all the evidence."
I'm very interested in how Obama will play this now that he has dodged this bullet, no thanks to the four liberal justices who dissented. My guess is that he will say as little as possible and again call for common sense gun laws and try to appear as not a threat to the rights of gun owners. Also of interest is that among the grass roots left there is a new appreciation for the 2nd amendment, but worrying about Dick Cheney's shadow government perhaps gave them an appreciation of what it was all about in the first place. John McCain of course, wasted no time.
"Today's decision is a landmark victory for Second Amendment freedom in the United States. For this first time in the history of our Republic, the U.S. Supreme Court affirmed that the Second Amendment right to keep and bear arms was and is an individual right as intended by our Founding Fathers. I applaud this decision as well as the overturning of the District of Columbia's ban on handguns and limitations on the ability to use firearms for self-defense.
"Unlike Senator Obama, who refused to join me in signing a bipartisan amicus brief, I was pleased to express my support and call for the ruling issued today. Today's ruling in District of Columbia v. Heller makes clear that other municipalities like Chicago that have banned handguns have infringed on the constitutional rights of Americans. Unlike the elitist view that believes Americans cling to guns out of bitterness, today's ruling recognizes that gun ownership is a fundamental right -- sacred, just as the right to free speech and assembly.
"This ruling does not mark the end of our struggle against those who seek to limit the rights of law-abiding citizens. We must always remain vigilant in defense of our freedoms. But today, the Supreme Court ended forever the specious argument that the Second Amendment did not confer an individual right to keep and bear arms."
