20080701

Heller thoughts

Glad I've been kicking a few dollars to IJ all of these years. Though Heller wasn't strictly Institute for Justice's case, several of Heller's lawyers are from IJ. IJ deserves some credit. And if Kelo v New London gets under your skin, send IJ some dollars. That fight isn't over either.

I have to disagree with many bloggers who see the glass as half empty. In spite of my lack of a sports chromosome, I will reach for a sports analogy. This is the second point we've scored since halftime, and the game has been running since about 1934.

I think everything is there for us to enjoy a genuine strict-scrutiny individual right. But only if we keep blocking and tackling. That will require patience and a positive attitude. It is too much to ask for one case to yield one ruling that restores that right in all of the aspects.

There is a visible path to 14th amendment incorporation. There's a visible path to eliminating the Hughes amendment. But it takes time and determination and money.

K-VAR puts it right in their email ads celebrating the DC v Heller win: "restoring the individual rights" to KBA. The rights are on track to be restored, because for most purposes those rights had been lost. We had a disastrous first half. But the game is not over.

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