Re: A "new" right???
by
Urgelt
03/19/2008, 3:18 PM
Ah, no. You are sadly mistaken, geezer.
As Ms. Lithwick pointed out, there is not much precedent about how to interpret the 2nd Amendment. That pesky phrase about a "well-regulated militia," at the very least, legitimizes the question, "just what is the fundamental right here for non-militia citizens?" Contrary to your assertion, the Court has never answered that question.
We Court-watchers will be fascinated to see where the Court goes with this.
Right now I'm straining to anticipate what grounds they might use for striking down the DC law. I know they'd like to. But in the backs of their minds, as is always the case with lawyers, they're worried about the slippery slope. If they aren't careful, the next case will be about the right of citizens to mount machine guns on their pickup trucks.