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Heller Discussion Board: Incorporation and the Need for Further Litigation
Thursday, June 26th, 2008 2:24 pm | Ben Winograd |
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The following post was written by David J. Schenck of the Jones Day office in Dallas. He filed an amicus brief on behalf of State Firearm Associations in support of the respondents.
It doesn’t take a mathematician to recognize the narrow margin in this case. Replace any one of the five justices in the majority with a more liberal appointment - many of whom will be waiting in line if Barack Obama wins the presidency - and the outcome would have flipped. Americans would have lost the individual right to keep and bear arms. For some, this may be a welcome change, but for many of us, it’s the sort of thought that makes the hairs on the back of our necks stand up. Of course, there’s now precedent going forward, which helps. But this litigation is, as discussed above, only the beginning. Thus, the close margin and ideological division of this decision will likely serve as a reminder that, like it or not, whoever occupies the White House for the next four or eight years will, through his appointments, directly impact Second Amendment rights for perhaps the next century. This will no doubt have at least some effect as Americans cast their ballots in November.
