"Hawke" wrote in message
...
I don't recall that but to me I am not sure what they will do. They may
find
it an individual right but I think they are just as likely not to. You
do
know that I think there is an individual right simply by my reading of
the
amendment and my knowledge of early American history.

Oh, I'm not sure what they'll do, either. Predicting what the S.C. will
do
on any case is foolish, but it's still worth a guess. My guess is that
they'll decide for an individual right; that they won't incorporate it at
this point; and that they'll do something strange with the matter of
scrutiny. And what they do about scrutiny will determine whether the case
is
remanded back to the Circuit Court of Appeals.

How they will come down on this is difficult if not impossible to know but
the best guess comes from the personal viewpoints of the justices. I don't
see how they can remand this case. This case is ripe. They put it off for
years when Rhenquest was in charge because he was dodging it. Now's the
time
to decide it especially with so many conservatives on the bench.

That's not why they might remand the case. It's about levels of scrutiny,
and the effect it would have on existing gun laws. This is all laid out
clearly in the amicus brief from the Department of Justice and the original
petitioner's brief.

I have to say that it's entertaining to watch you recreate this case in your
imagination, when the issues that are before the Court are all laid out on
paper. d8-)

And you're continuing to argue the 2nd itself, which really is a boring and
burned-out enterprise for those who have been involved in these arguments
for years, Hawke. I'm surprised you're still at it. Again, the interesting
issue is how this case is going to be decided. You really must read the case
if you're going to understand what's going on.

As for Amar being a "conservative," I think you'd better look him up. He's
become very important and likely will carry the banner after Tribe retires.
He's collaborated with Tribe on various issues, including the 2nd Amendment.

Let me know if you get around to reading the briefs.

--
Ed Huntress