Thursday, June 26, 2008

Last thoughts on Heller for today:

On SCOTUS blog, Alan Morrison of Stanford Law details the 3 big open issues that the Court did NOT address in its opinion:

1. Will the ruling apply to states?

This case involved D.C., so it avoided the whole issue of whether the individual right found in the 2nd Amendment keeps the federal government from banning guns, or whether it prevents any state from doing likewise.

2. What standard must the courts apply when determining whether a gun restriction is valid or unconstitutional?

3. What impact does this have on existing gun control rules?

This point seems to derive directly from 1 & 2.

0 comments:

AddThis

Bookmark and Share

Always sniffing for the truth

Always sniffing for the truth

Blog Archive