It wasn't surprising, considering the panel's comments at oral
argument. Of course this decision is completely wrong. The Seventh
Circuit should have conducted a modern selective incorporation analysis
and held the Second Amendment incorporated. The dicta suggesting that
the right to self-defense may be abrogated by statute, and that the
exercise of fundamental individual rights can be curtailed at the state
level as a nod to federalism, is particularly troubling.
I basically second all of that. This was an awful ruling, particularly where it suggests that the state could abrogate entirely the right of self-defense. Yes, it's true that the basic decision (holding that the 7th Circuit is bound by ancient Supreme Court precedent, willingly or not) is not entirely unreasonable; nonetheless, insofar as the ruling does say something of its own, what it says is horrifying.
This entry was published Fri Jun 05 01:03:38 CDT 2009 by TriggerFinger
and last updated 2009-06-05 01:03:38.0.