My First and Last Heller Post
June 26th, 2008Of course, I’m pleased. It did not accomplish much in terms of practical, immediate gains for most of us, and even for those it immediately effects the fight isn’t over (expect news of significant delays in the permit process, draconian restrictions on weapon type, ammo type, liability insurance requirements, etc), but what makes it really significant is that the wholesale question of “Guns for civilians, yes or no?” is not a question that will be asked again. We may not have gained massive ground with Heller in terms of immediate lifting of infringing laws, but a line was drawn. Here. No futher. From this line we can push forward for victories in individual battles without the risk of losing the war.
Some have reminded us that the NRA was against this case moving to the Supreme Court, but is now one of the first to the microphones proclaiming what a great day it is for America. How dare the NRA swoop in as the champion of all of us, when they didn’t want to fight the battle in the first place? What these critics forget is that the decision was 5-4. As some have noted, we were just one heart attack away from a 5-4 ruling against Heller and a recognized individual right to bear arms. Maybe one slip of the tongue in the oral argument. Maybe one bad day for a Justice. That’s frighteningly close, and the ramifications would have been far-reaching and devastating. By opposing the movement of the case into the Supreme Court, the NRA was doing the safe–not irresponsible–thing. Gura and his team scored for us a huge victory, but to go for it required risking everything. Thank God is worked out in our favor.
It’s also been mentioned that had Gore or Kerry been President, the Second Amendment would be gone today. I don’t think that’s the case. The move by Heller’s representation to test the Second Amendment in the Supreme Court was ballsy enough as it was, and very nearly ended in disaster. Had the makeup of the Court been tilted–had, say, Roberts never seen nomination and a liberal elevated in his stead–I would like to think that any attorney not secretly hostile to his client and the ideas his client represents would never take a suicidal run straight to a catastrophic ruling against the individual right.
But it’s over. I’m glad it worked out. Celebrate tonight, because tomorrow there’s still work to be done.







