Thursday, June 26, 2008

More Constitutional "Changes"

The U.S. Supreme Court has struck down the D.C. gun ban, holding that the Second Amendment guarantees an individual right to keep and bear arms (District of Columbia v. Heller). The Court's opinion is here.

The vote was 5-4, and of course, Justice Kennedy was the deciding vote for the majority, just like he was yesterday in the case striking down capital punishment for child rape (Kennedy v. Louisiana). In Kennedy, Justice Kennedy (no relation) joined with Justices Stevens, Souter, Ginsburg and Breyer to produce a ruling that Senators John McCain and Barack Obama both roundly condemned. In Heller, Justice Kennedy joined with Chief Justice Roberts and Justices Scalia, Thomas and Alito.

We can expect McCain to hail today's decision. It will be fascinating to see what position Obama takes. Given that he's into constitutional "change" (Obama flip-flopped on the constitutionality of capital punishment), perhaps Obama will agree that Americans have Second Amendment individual rights also.

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