In case you haven't heard, the U.S. Supreme Court held today that the Second Amendment applies against the states. Libertarians are celebrating, liberals are seething. However there are a couple worrisome points. First, although 5 Justices voted to incorporate the Amendment against the states via the 14th Amendment, 4 used the due process clause and 1 (Thomas) use the Privileges or immunities clause. This makes this case a more vulnerable precedent than if all 5 had agreed on one rationale. As usual, Kennedy, probably the only one on the Court who can rise above ideology, was the swing vote. As expected, the 4 knee-jerk liberals voted against incorporation. This is probably the first time in history that liberals voted against incorporating a provision in the Bill of Rights. It shows, IMHO, rank hypocrisy among those who claim to be champions of a free society. Sotomayor is falling into line as a liberal flunky. I am very disappointed--I thought she would be more intellectually independent. Obama got what he wanted. Your Second Amendment rights hang by the thin reed of a one-vote switcheroo somewhere down the line. If you want to provide more security for our Second Amendment rights, you better start getting politically involved and make sure the Republicans come up with a quality candidate who will appoint Justices who support a truly free society.
See the slip opinion at LINK