Well, I predict that there are at least six votes which will uphold Miller
The four dissenters from Printz (Justices Stevens, Souter, Ginsburg, and Breyer). Justices Roberts, Scalia, Kennedy and Alito will affirm individual protection but only in the context of the maintenance of a militia or other such public force. See: http://supreme.justia.com/constitution/amendment-02/index.html
I think that Justice Thomas is the only justice who buys the "new scholarship", but he has a Segal-Cover score of 0.415 for being qualified for the job (0 being unqualified and 1 being most qualified).
I just found out that one of Justice Anthony Kennedy's law clerks, Orrin Kerr, recently predicted this precise scenario. After declaring that there is an individual right under the Second Amendment, "Kennedy will endorse a relatively deferential standard of review that will end up allowing a great deal of gun regulation," wrote Kerr.
Sounds like the "individual protection but only in the context of the maintenance of a militia or other such public force" language to me.
I have found there are a lot of people out there who spout collective right language while saying that the Second Amendment protects an "individual right". It's one of those mantras out there to say "individual right" in a way that seem to try and placate the masses. Never mind that this is not the "individual right" believed to exist by the masses.
This is because no one out there is willing to say Argumentum ad populum/Argumentum ad numerum is fallacious thinking.
15 December 2007
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