Monday, June 28, 2010

SCOTUS: Second Amendment Applies to States

In a 5-4decision falling upon ideological lines, the Supreme Court ruled the second Amendment is incorporated into the Fourteenth Amendment as part of the Due process Clause.

I will not be shifting through the entire 214 page decision--I suffer too many Constitutional law flashbacks as it is-- but it looks like Alito has established a history of the SOTUS’ application of the Bill of rights on states through Fourteenth Amendment. The gist of his argument in this case is the protection of an individual’s right to own a gun cannot be infringed upon by a state.

It sounds simple and obvious, but I doubt it will pan out that way. Expect states hostile to the Second Amendment to mangle the spirit of this decision into any gun control law with which they can come up.

Translation: more litigation over new gun control legislation, some of which will ed up back at the SCOTUS.

Still, I will cast aside my inner cynic, whom I frequently let run on a long leash, and claim an increasingly rare victory for strict constructionists.