Tuesday, June 29, 2010

on "McDonald"

Everyone is happy. I am too, in a way. But I am disappointed also:

The Supremes didn't really give us what we wanted, either in overturning the law in Chicago, or in providing clear direction as to what was acceptable vs what is not regarding limits to the 2nd. While I personally think that there should be no limits, clearly there will be some. But with no clear direction or ruling, all that they have done is to open the door for more litigation and more strife They have said that the law in Chicago was too broad, but have not defined what "too broad" really is.  The next set of limitations that will soon be in place in Chicago will, of course, be tried in court. This will take years, likely again with no clear ruling. Without such ruling, there can be no argument against laws in other states like California or Massachusetts or Wisconsin. Without such rulings, we as supporters of the 2nd have effectively been emasculated. There can be little agitation for change, as they have effectively not given us a set of rules to agitate against. Nor can we, in the near future, see any standard for carriage of arms across state lines, nor have we any hope to get a nationwide standard of LTC laws or rules.

So I am disappointed. This ruling for "McDonald", like "Heller" is not really a set of answers to the issues we really need to have defined and resolved.

Perhaps this was the intent of the Court.  Perhaps it was simply cowardice.Perhaps they are merely stalling any real decision.

Either way, a time for rejoicing (yay) and a time to face a disappointment.

We essentially got nothing from the Supreme Court. Except a continuation of turmoil and litigation.

1 comment:

  1. I am disappointed as well, if only because we did not get a decision effectively asking, "What about 'shall not be infringed' do you idiots in Chicago not understand?" but, by the same token, I am in the "take what you can get" crowd.

    Nah, this ruling will not be all that useful... by itself. But used as a stepping stone / springboard for other action down the line? Well, I think it is fair to say Gura has a plan, and so far, it seems to be bearing fruit.

    Guess we will see :).

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